Paint Nite LLC Virtual Fundraiser Terms of ServiceLast updated on January 25, 2017.
These Terms of Service and all other documents or policies referenced here (collectively, the "Terms") set forth the legal contract between each end user ("User" or "you" or "your" or “Organizer” or “Contributor” as applicable) and Paint Nite LLC (collectively, with its affiliates, "Paint Nite", "we", or "us") with respect to access to and use of Paint Nite’s website (the “Site”) and Services.
The availability of Paint Nite events at particular venues will change from time to time and could potentially change on the day of the Event. The availability of a specific artist/instructor at the Event may change at Paint Nite’s sole discretion. While Paint Nite will endeavor to make the artist/instructor you have signed up for available for the Event, the artist/instructor may change at Paint Nite’s sole discretion without notice to you.
Means a fundraising effort designed to raise money within a defined time period.
Are individuals or organizations that contribute or donate funds in Campaigns.
means and includes, without limitation, information (personal or otherwise), photos, images, text, comments, writings, notes, and other elements and materials, in any media or format now known or hereinafter devised, whether physical, electronic, digital, analog or otherwise. Content may be owned or controlled by Paint Nite ("Paint Nite Content") and/or owned, submitted, uploaded, posted, displayed, or otherwise made available by you as a Registered User (“User Content”).
Means any information you provide to us about the Site or Services, as a comment or evaluation.
Means an individual or entity that organizes a Campaign on the Site.
Means any and all services, tools, software, mobile applications and functionalities as may be provided by Paint Nite from time to time, including access and use of the proprietary fundraising platform.
Means, collectively, Paint Nite’s internet properties including, without limitation, www.paintnite.com, other websites, microsites, mobile applications, Booster profiles on social media sites and any other digital properties operated or used by Paint Nite from time to time.
Means "you", the user of the Site, whether you are an unregistered "Visitor" or a "Registered User." As a Registered User you can act as an "Organizer" or "Contributor".
Paint Nite organizes instructional painting events (each an “Event”). Our Services are provided through the Site, which is an interactive online website. As part of the Services, Organizers can run campaigns to seek to generate funds. You agree and understand that certain Services are only available to Registered Users upon the creation of an Account. Users use the Services at their own risk and subject to the Terms and Conditions that govern Events. Funds raised by Organizers may be used by the Organizers for the Organizer, to support a social cause, to support a charitable organization or for another purpose as specified by the Organizer. The Organizer will designate the purpose.
Paint Nite does not and cannot control what an Organizer does with any money the Organizer receives. However, we do have a process to send funds raised directly to a third party designated by the Organizer. Funds will only be sent by Paint Nite to a third party designated by an Organizer. Accordingly, all Organizers, and Contributors acknowledge and agree that:
- Paint Nite is not the Organizer.
- Paint Nite does not select the person, cause, organization or fund where funds raised from a campaign are sent.
- Paint Nite’s responsibilities are limited to providing access to the Services to facilitate Organizers on the one hand, and Contributors on the other hand, coming together and transacting directly with each other. All other activity and transactions are solely between Organizers on the one hand, and Contributors on the other hand, and Paint Nite has no responsibility or liability for any such activity or transactions other than to send raised funds directly to a third party designated by the Organizer when the Organizer has given Paint Nite instructions to do so.
- Paint Nite cannot and does not control the content, accuracy, or truthfulness of any offers, requests, or other information Organizers may furnish in connection with using the Services.
- Paint Nite does not endorse any Organizer or any cause, organization, fund or purpose an Organizer says the Organizer will support.
- Paint Nite makes no representations regarding any Organizer, nor does it make any representations regarding tax benefits, or lack thereof of making a contribution, donation, and/or purchase.
- For the purposes of any Virtual Fundraiser, Paint Nite has no relationship with any entity for which funds are raised.
If you do not agreed to the foregoing (or everything else in these Terms and Conditions), please do not use these Services.
PAINT NITE SERVICES AND TOOLS
Access to Services and Tools
For so long as you agree to these Terms and abide by them, you may use the Site and Services. Subject to these Terms, Paint Nite also grants you a limited, non-exclusive, nontransferable personal license to download, install, operate or use as applicable any Content, software, scripts, or tools that we may, from time to time, specifically identify within the Site as available for download and/or use (“Tools”). The Tools may have additional terms that will be provided to you when you use those Tools.
Visitors. As a “Visitor”, you can view, visit and browse through the Site in accordance with these Terms. You need not register with Paint Nite to simply visit and view the Site or to browse and see the partial, publicly accessible information in the Site.
However, in order to access the Services and materials offered on and through the Site, you must register with Paint Nite for an account and receive a password, and become a “Registered User.”
In order to use the Services available to a Registered User, you are required to set up an “Account” either directly with Paint Nite and/or through a third-party single sign-on services (e.g. Facebook Connect). When you set up an Account, you are required to enter a valid email address, a username and password to access the Services (your username, password or Account information collectively "Your Account"). You may not transfer to or share Your Account with other persons or entities, and you are solely responsible for maintaining the confidentiality of Your Account. You are solely responsible for any and all use of Your Account and all activities that occur under or in connection with it. Please notify Paint Nite immediately if you become aware that Your Account is being used without authorization. You agree not to register for an Account on behalf of an individual other than yourself, or register for an Account on behalf of any group or entity unless you are authorized to bind such person, group or entity to these Terms. By registering another person, group or entity you hereby represent that you are authorized to do so. Individuals and/or entities whom or which access to the Site or use of the Services and have previously been terminated by Paint Nite may not register for a new account, nor designate other individuals to use an account on its or your behalf.
You warrant and represent that all information you provide to Paint Nite as part of your registration is true, accurate, current and complete, and you agree to maintain and promptly update such information to keep it true, accurate, current and complete.If Paint Nite believes or suspects that such information is untrue, inaccurate, not current, or incomplete, Paint Nite may deny or terminate your access to the Site or Services (or any portion thereof) and any license(s) to the Tools.
s a Registered User you can act as an Organizer, or Contributor, depending on which feature of the Services you are currently using.
Eligibility and Children. You are not eligible to use the Service without consent if you are under 18 years of age. If you are between the ages of 13 and 17, you can use the Service with the consent and supervision of your parent or legal guardian who is at least 18 years old, provided that your parent or legal guardian also agrees to be bound by these Terms and agrees to be responsible for your use of the Service. If you are under 13 years of age, then please do not use the Site. Notwithstanding use of the Services, under no circumstances will persons under the age of twenty-one be allowed to attend any Paint Nite Event.
Campaigns. You can organize Campaigns through the direct solicitation of funds by using the Tools to create a personalized Campaign page, uploading your own Content, setting up the close date of the Campaign, your fundraising goal and a description of what your Campaign is all about. You can then promote your Campaign through Paint Nite’s social media and promotional Tools. Paint Nite reserves the right, in its sole and absolute discretion, to alter, delete, refuse to publish, or amend and Content posted on the Site or on Paint Nite’s social media pages. After the Campaign closes, Paint Nite will deliver the funds raised to the Beneficiary of the Organizer’s choice, subject to these Terms of Service.
Organizers. As an Organizer, you may set up the fundraising Campaign of your choice (subject to any restrictions set forth herein or by applicable law), upload your Content, data and materials (in text, images and/or graphic format, up to any storage limitations that we may set from time to time), link your profile from other social media sites like Facebook and Twitter, choose your Beneficiaries, the distribution of the funds at the end of the Campaign, leave Feedback, etc. You hereby warrant that you shall meet all commitments you make in your Campaign including, but not limited to, delivering the funds to your chosen Beneficiary. You will respond promptly and truthfully to all questions posed to you by Paint Nite. If you are unable to fulfill any of your commitments, you will work with the Contributors, as applicable, to reach a mutually satisfactory resolution, which may include refunding any money received for purchases and/or donations, as applicable. You will comply with all applicable laws and regulations in your collection and use of moneys you derive. You are responsible for collecting and remitting any taxes on moneys you generate or receive via your Campaign(s), and any taxes due. Paint Nite may, but is not obligated to, attempt to verify your identity and other information you provide to us, and Paint Nite may delay, withhold, reverse or refund any moneys generated via the Services or other amounts without notice or liability in the event Paint Nite is unable to verify any information to its satisfaction. You acknowledge and agree that Paint Nite has no obligation or responsibility to notify Contributors of any tax implication their purchase or contribution may have.
Contributors. As a Contributor you may make purchases or donate money via the Campaign of your choice, but only in the amount set forth on the Website, and you may be able to link your social media profile, upload Content and give Feedback. As a Contributor, you are solely responsible for asking questions and investigating Organizers and Campaigns to the extent you feel it is necessary before you make a purchase or a donation. All purchases and/or donations are made voluntarily and at your sole discretion and risk. Paint Nite doesn't guarantee that money generated via any Campaign will be used as promised, or that the Campaign will achieve its goals, and you expressly agree that Paint Nite shall not be liable for any of the foregoing or to refund any monies. Paint Nite does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality or legality of any Campaign, Organizer, or the truth or accuracy of content posted on the Site by others. You are solely responsible for determining how to treat your purchase or donation for tax purposes, and you acknowledge and agree that Paint Nite has made no representations regarding the same and that Paint Nite Is not responsible for sending out any notice of donation for tax purposes. In the event you are issued a refund in connection with any Campaign because of Paint Nite’s inability to disburse funds to the Organizer or the Organizer’s designated Beneficiary, which determination shall be made by Paint Nite in its sole discretion, you will no longer be entitled further services. Paint Nite does not represent that Organizers will deliver the moneys generated via any Campaign or that said funds will be used as described in the Campaign. Users use the Site and make donations and/or purchases at their own risk.
Prohibited Campaigns. Organizers are not permitted to create a Campaign to raise funds for illegal activities, to cause harm to people or property, or to scam anyone. If you know that your Campaign is claiming to do the impossible, is a sham, ponzi scheme, or other illicit or illegal venture these Terms prohibit your use of the Site. You must comply with all applicable laws and regulations in carrying out your Campaign, and using money generated via a Campaign. By violating these Terms in any manner, you are subject to an immediate removal of your Campaign(s), possible forfeit of raised funds, and potential suspension or termination of your account. Paint Nite reserves its right to cooperate with law enforcement agencies, and you acknowledge and agree that you will not object to any such cooperation at any time.
Behavior on the Site and Unauthorized Activities.
When using the Site and/or the Services, you agree not to:
- Defame, abuse, harass, stalk, disrespect, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Use racially, ethnically, or otherwise offensive language or use the Site to promote violence, degradation, subjugation, or hatred against individuals or groups based on race, ethnic origin, religion, disability, gender, age, veteran status, sexual orientation, or gender identity.
- Discuss or incite illegal activity.
- Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
- Post anything that exploits children or minors or that depicts cruelty to animals.
- Post any copyrighted or trademarked materials or other intellectual property or proprietary right of others without the express permission from the owner.
- Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
- Use any robot, spider, scraper or other automated means to access the Site or to obtain information from the Site.
- Violate any law, civil or criminal.
- Violate our policies, these Terms, and the Terms and Conditions of any Event.
- Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
- Alter the opinions or comments posted by others on the Site or act in a way that may undermine any Feedback, comments or ratings systems that we establish as part of the Services.
- Post anything contrary to our public image, goodwill or reputation.
This list of prohibitions provides examples and is not complete or exclusive. Paint Nite reserves the right in its sole discretion to (a) terminate access to Your Account, your ability to post or to use to this Site; and (b) refuse, delete or remove any submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that Paint Nite determines, in its sole and absolute discretion, is inappropriate or disruptive to the Site or to any other user of the Site.
Paint Nite may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Paint Nite’s discretion, Paint Nite will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.
Unauthorized use of any Content (Paint Nite’s or a Third-Party’s) contained on the Site may violate certain laws and regulations. You agree to indemnify and hold Paint Nite and its officers, directors, members, managers, employees, attorneys, affiliates, agents, licensors, licensees, and business partners (“Indemnified Parties”) harmless from and against any and all costs, damages, judgments, settlements, liabilities, and expenses (including attorneys’ fees and costs of defense) that Indemnified Parties suffer in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third-party that your use of the Site (including without limitation, your participation in the posting areas or your User Content) is improper, your failure to distribute funds in accordance with the Campaign, any other claim based on your actions and/or inactions, or any claim that your actions violate any applicable law or regulation, or infringe or misappropriate the copyrights, trademark rights or other rights of any third-party (“Claims”). In the event any Claims are asserted against Paint Nite, Paint Nite shall notify you of such Claims, and may, in Paint Nite’s sole and absolute discretion, retain counsel to defend itself against such Claims.
Paint Nite reserves the right, in its sole discretion, to remove Campaigns and terminate accounts for such activities or for any other reason, or for no reason at all.
INTELLECTUAL PROPERTY RIGHTS
Ownership of the Site
As between you and Paint Nite, Paint Nite and/or its vendors, suppliers, and licensees, as applicable, retain all right, title and interest in and to the Site, Services, Paint Nite Content, and all Tools, and all related intellectual property rights. The Site as a whole is copyrighted as a collective work, and individual works or content appearing on or accessible through the Site owned by or licensed to Paint Nite or its content providers are likewise subject to copyright protection domestically and internationally. Likewise, all software, code, proprietary Tools, methods and systems used to provide the Site or Services ("Our Technology") may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without Paint Nite’s prior written permission and/or the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Technology. Nothing in this Agreement grants you any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted through the Site according to this Agreement. Certain of the names, logos, distinctive features, source identifiers and other materials displayed on the Site or in the Services, including its "look and feel", constitute trademarks, tradenames, service marks, trade dress or logos ("Marks") of Paint Nite or other entities. All Marks not owned by Paint Nite that appear on this site are the property of their respective owners. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.
Unless you first obtain the copyright owner’s prior written consent, you may not copy, distribute, publicly perform, publicly display, digitally perform (in the case of sound recordings), or create derivative works from any copyrighted work made available or accessible via the Site or the Services, and in the event you do any of the aforementioned acts without proper authorization, you agree to defend and indemnify all Indemnified Parties as set forth in Section III.E hereof. You may not decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any component of the Site or the Services is compiled or interpreted, and nothing in these Terms should be interpreted as granting you any right to obtain or use source code. You agree not to copy, replicate, transcribe or reproduce the ‘look and feel’ of the Site, including its features and functionalities. You may not resell or sublicense access to the Services to any third-party.
You may provide links to the Site, provided that You (A) do not remove or obscure, by framing or otherwise, proprietary notices or other notices on the Site, and (B) discontinue providing links to the Site immediately upon Paint Nite’s request.
License to Your Content
While using the Site, you may post and use photos, videos, text, graphics, logos, artwork, designs and other audio or visual materials (collectively, "User Content") provided you have proper authorization to do so. You grant Paint Nite a perpetual, non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, publicly display, publicly perform, store, reproduce, modify, create derivative works, and distribute your User Content (i) on and solely in connection with the Site for the sole purpose of providing you with the Services; and (ii) for the limited purpose of certain of Paint Nite’s related marketing and promotional activities. You represent and warrant that your User Content and our use of your User Content will not infringe any third party's intellectual property rights, proprietary rights, privacy rights, confidentiality, rights of publicity or otherwise violate these Terms or applicable law and in the event you do not have such proper authorization, you agree to defend and indemnify all Indemnified Parties as set forth in Section III.E hereof.
Use of Third-Party Offerings
PAYMENTS AND FEES
Setting up an account on the Site is free. Paint Nite does subtract its costs and charge service fees as a portion of the total money donated in a Campaign. By using the Site you agree Contributors pay $45 per Paint Nite Event ticket, from which $15 goes to the person or entity designated by the Organizer.
Changes to fees are effective after Paint Nite posts notice of the changes on the Site. Updated fees are applied to Campaigns launched after the notice is posted. You are responsible for paying all taxes applicable to you associated with your use of the Site. In all cases, standard credit card or other third-party processing fees apply in addition to any fees charged by Paint Nite. Paint Nite is not responsible for the performance of any third party credit card processing or third party payment services.
You are responsible for all stop payment or other fees associated with returned or reissued checks.
No Tax Advice
- It is the responsibility of each Organizer and/or the Organizer’s designated beneficiary, to determine what, if any, taxes apply to amounts delivered by Paint Nite as a result of use of the Services, and to report and remit the correct tax to the appropriate tax authority. Your taxing authorities may classify funds you raise through Paint Nite as taxable income to you and any Beneficiary who will receive funds directly from your Campaign.
- You hereby agree that Paint Nite is not responsible for determining whether taxes apply to your transactions, or for collecting, reporting or remitting any taxes arising from any amounts forwarded by us to you, or to any third party you designated, in connection with any Campaign.
- It is the obligation of each Organizer and each Beneficiary designated by an Organizer to maintain any and all records that may be required for tax purposes. Paint Nite is not responsible for, and may delete, information associated with your account that is more than two years old.
- Paint Nite does not and cannot give any tax advice. You agree to consult your own tax advisor and to take all steps necessary to comply with your own tax obligations as an Organizer or Contributor using the Services.
Contributions to Campaigns, along with Paint Nite’s fees and charges, are not refundable.
Payment to Organizer
Provided Organizer has complied with all of its obligations hereunder, Paint Nite will mail payment of funds to Organizer within three weeks of Organizer’s Campaign end date.
To the extent any check is written by Paint Nite to an Organizer, which check remains uncashed for a period of more than sixty (60) days from the date the check is sent to Organizer, Paint Nite may void the check and will reissue such check upon Organizer’s written request.
These Terms will become effective and binding when you use the Site, when you voluntarily provide any information about yourself to Paint Nite, or when you indicate your agreement by following any instructions Paint Nite places on the Site (such as buttons labeled “Submit”). You do not need to inform Paint Nite if you wish to stop using the Site or Services. Paint Nite reserves the right to terminate these Terms and your access to the Site and the Services at any time without notice and/or to reject, cancel, interrupt, remove or suspend a Campaign at any time for any reason without liability. Your rights under these Terms will automatically and immediately terminate if you fail to comply with your promises and obligations stated in these Terms. You understand and agree that upon termination of these Terms or your use of the Services, Paint Nite retains the license rights granted to it upon any User Content uploaded or provided on the Site.
Paint Nite reserves the right to decide whether User Content violates these Terms for any reasons, including, but not limited to copyright infringement. Paint Nite may at any time, without prior notice and in its sole discretion, remove such User Content and/or terminate a User's Account for submitting such material in violation of these Terms.
The provisions of sections IV, V, VI and VII, and such other terms, which by their nature have significance after the termination of these Terms, shall survive the termination of these Terms.
DISCLAIMERS, LIMITATIONS AND EXCLUSIONS OF LIABILITY
THE SERVICES, THE SITE, THE TOOLS AND ALL INFORMATION, CAMPAIGNS, CONTENT AND MATERIALS RELATED TO THE FOREGOING ARE PROVIDED 'AS IS.' TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PAINT NITE AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, NON INTERFERENCE, SYSTEM INTEGRATION AND ACCURACY OF DATA. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. PAINT NITE AND ITS AFFILIATES DO NOT WARRANT THAT YOUR USE OF THE SITE AND/OR SERVICE WILL BE UNINTERRUPTED, ERROR -FREE OR VIRUS FREE. THE SUBMISSION OF ANY PERSONAL INFORMATION AND THE DOWNLOAD OR UPLOAD OF ANY CONTENT THROUGH THE PAINT NITE SERVICES AND/OR SITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH CONTENT OR FROM RELIANCE UPON SUCH CONTENT, AND YOU ARE ADVISED TO MAINTAIN OFFLINE BACKUP COPIES OF ALL CONTENT. PAINT NITE IS NOT THE PROVIDER OF, AND MAKES NO WARRANTIES WITH RESPECT TO, ANY THIRD-PARTY OFFERINGS. PAINT NITE DOES NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE SITE; AND YOU AGREE TO ASSUME THE SECURITY RISK FOR ANY INFORMATION YOU PROVIDE USING THE SERVICE AND HOLD PAINT NITE HARMLESS FOR BREACH OF ANY SECURITY.
NO REPRESENTATION OR WARRANTY IS MADE THAT THE SERVICES PROVIDE COMPREHENSIVE OR ACCURATE INFORMATION. PAINT NITE RESERVES THE RIGHT TO FILTER, MODIFY OR REMOVE CONTENT, MEDIA, INFORMATION OR ANY OTHER MATERIAL FROM THE SERVICES AND FROM THE OUTPUT OF THE SERVICES.
Though Paint Nite strives to enforce our Content related rules with all of our users, including Registered Users, you may be exposed through the Site or Services to Content that violates our policies or is otherwise offensive. You use the Site and Services at your own risk. Paint Nite may, but is not obligated to, terminate user Accounts and/or remove Content from the Site if it determines or suspects that those Accounts or Content violate these Terms. Paint Nite takes no responsibility for your exposure to Content on the Site whether it violates its content policies or not. You understand that the information and opinions in Content uploaded by Users represent solely the thoughts of the author and is neither endorsed by Paint Nite nor does it necessarily reflect Paint Nite’s beliefs.
Limitation Of Liability
USE OF THE PAINT NITE SERVICES, THE SITE, TOOLS AND ANY CONTENT IS AT YOUR OWN RISK. IN NO EVENT WILL PAINT NITE OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES IN CONNECTION WITH THESE TERMS, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF YOU WERE ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. IN NO EVENT WILL THE AGGREGATE LIABILITY OF PAINT NITE TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THESE TERMS EXCEED FIFTY U.S.A. DOLLARS (USD $50.00). YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND PAINT NITE RELATING TO THE PROVISION OF THE SITE, THE SERVICES, AND ANY CONTENT TO YOU, AND PAINT NITE WOULD NOT PROVIDE THE SITE OR SERVICES TO YOU WITHOUT THIS LIMITATION. YOU AGREE THAT PAINT NITE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE OR SERVICES OR DELETION OF YOUR ACCOUNT OR CONTENT.
- As an Organizer, you are independently responsible for complying with all applicable laws in all of your actions related to your use of the Services, regardless of the purpose of the use, including any laws relating to raising funds.
- Paint Nite does not engage in any solicitation or sales activities on your behalf. Any such activities are carried out solely by the Organizers who run Campaigns on their own initiative.
- If any state regulatory agency overseeing charitable solicitation activity has concerns, they will be addressed to the Organizer. Paint Nite will of course cooperate in any investigation by any regulatory agency with concerns that a law is being violated by our Users.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Paint Nite, its parent corporation, affiliates, officers, directors, members, managers, attorneys, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney's fees) arising from: (i) your use of and access to the Site and/or Services; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that your User Content caused damage to a third party, and (v) violation of Section III(E) hereof. This defense and indemnification obligation will survive these Terms and your use of the Site and/or Service.
If you believe your copyright, trademark, or other intellectual property right is being infringed by a user of the Site, please provide written notice to the following agent for notice of claims of infringement:
Paint Nite LLC
230 Somerville Avenue
Somerville, MA 02143
Attn. General Counsel Email: email@example.com
In order for Paint Nite to respond to your notice, it must: (i) contain your physical or electronic signature; (ii) identify the copyrighted work, trademark, or other intellectual property alleged to have been infringed; (iii) identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material; (iv) contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address); (v) contain a statement that you have a good faith belief that use of the copyrighted material, trademark, or other intellectual property is not authorized by the owner, the owner's agent, or the law; (vi) contain a statement that the information in the written notice is accurate; and (vii) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright, trademark, or other intellectual property right owner.
You acknowledge that if you fail to comply with all of the requirements of this Section VIII(A), your Copyright Infringement notice may not be reviewed.
If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice to firstname.lastname@example.org. Paint NIte reserves the right, in its sole discretion, to repost or not to repost Content.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you absent Paint Nite’s written consent, and any assignment in violation hereof shall be null and void.
Please contact Paint Nite to report any problems, offensive content, policy violations and/or abuse.
Modifications to Terms
Modifications to Services
Paint Nite reserves the right to modify the Site and/or Services at any time without notice. If you object to any changes to the Site or Services, your sole recourse will be to cease using them. Continued use of the Site or Services following posting of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as so modified. Paint Nite also reserves the right to discontinue the Site and/or Services at any time without notice. We will not be liable to you or any third-party should we exercise our right to modify or discontinue the Site or the Services.
ARBITRATION AGREEMENT, GOVERNING LAW, AND VENUE
You and Paint Nite agree that any dispute, claim, action, or controversy arising out of or relating in any way to the Site or Services, including these Terms, shall be determined by binding arbitration instead of in court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and is subject to limited review by courts. Arbitrators may award the same damages and relief that a court can award. You and Paint Nite agree that Mass. Gen. Laws c. 251, et seq., governs the interpretation and enforcement of this provision, and that you and Paint Nite are waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
If you elect to seek arbitration, you must first send to Paint Nite, by certified mail, a written notice of such claim (“Notice”). The Notice to Paint Nite must be addressed to: General Counsel, Paint Nite LLC, 230 Somerville Avenue, Somerville, MA 02143. The Notice must state the basis of such claim, including all facts related to such claim, all witnesses to such claim, and a complete statement of the damages such claim seeks, including a description of how such damages are calculated.
YOU AND PAINT NITE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and Paint Nite agree otherwise, the arbitrator may not consolidate more than one person’s claims with another person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
Disputes between Users. You agree and understand that Paint Nite is not responsible for resolving disputes between Users. In the event of any dispute, such as (but not limited to) an Organizer's alleged failure to comply with these Terms, or failure of an Organizer to use funds for the purpose advertised by the Organizer, Paint Nite may provide the Organizer's contact information to the relevant Contributors so that the parties may resolve their dispute.
The Terms and the policies and procedures set forth on the Site and any and all disputes between you and Paint Nite shall be governed in accordance with the laws of the Commonwealth of Massachusetts, without regard to conflict of laws principles, and, as necessary the laws of the United States of America.
You and Paint Nite agree that any proceeding involving any dispute, claim, action, or controversy arising out of or related to these Terms and your relationship with Paint Nite, as set forth in Section VIII(F) hereof, solely and exclusively in the Commonwealth of Massachusetts, Suffolk County, before either (i) JAMS arbitration service, (iii) the American Arbitration Association, or (iii) such other arbitrator as may be agreed to by you and Paint Nite in writing.
This Arbitration Agreement, Governing Law, and Venue provision shall survive termination of these Terms.
In the event the agreement to arbitrate is held to be invalid or unenforceable, which decision shall be made by the arbitrator only, you and Paint Nite agree that any action or proceeding involving any dispute between the parties, shall be brought only in the Commonwealth of Massachusetts, and you and Paint Nite irrevocably consent and submit to the exclusive jurisdiction within the Commonwealth of Massachusetts in respect of any such proceeding before (i) the federal District Court for the District of Massachusetts, located in Boston, Massachusetts or (ii) the Massachusetts Superior Court, Middlesex County.
If you are located outside the United States of America and choose to provide information, upload Content to or register an Account with Paint Nite, you acknowledge and agree that the information is processed and transferred in the United States of America. Your submission of information represents your agreement to this. You acknowledge and accept that the laws regarding processing of personal information may be less stringent in the United States of America than the laws in your country. By using this Site you acknowledge and accept that your information may be used in and be subject to the privacy laws of the United States of America.
You agree to comply with all laws, restrictions and regulations relating to the export of products and information. For purposes of the U.S. Export Administration Act ("Export Laws"), you state you are: (a) not a citizen, or otherwise located within, an embargoed nation (including without limitation the Office of Foreign Assets Control ("OFAC") comprehensively embargoed countries and certain Specially Designated Nationals ("SDN") listed by OFAC as updated from time to time) and (b) not otherwise prohibited under the Export Laws from receiving such products and information. Funds may be frozen and/or turned over to the applicable governmental enforcement agency if a Campaign is deemed to be in violation of Export Laws.
Section headings contained within these Terms are solely for the purpose of aiding in speedy location of subject matter and are not in any sense to be given weight in the construction of these Terms. Accordingly, in case of any question with respect to the construction of these Terms, it is to be construed as though such section headings have been omitted. If any provision of these Terms is held to be unenforceable or illegal, such provision shall be severed from these Terms, and all other provisions set forth herein shall remain in full force and effect. You agree that in the event of any ambiguity in these Terms, there will not be any adverse construction against either you or Paint Nite on the grounds that Paint Nite drafted these Terms. You represent and warrant that you have the full right, power, and authority to enter into these Terms on behalf of yourself. You agree that you shall, at the request of Paint Nite, execute and deliver such documents, certificates, and other writings, and take such other actions as may be necessary or desirable, to accomplish the goals of these Terms. Neither you nor Paint Nite shall be liable for the failure to perform any of the obligations hereunder (other than the payment of money) during any period in which such performance is delayed by fire, flood, earthquake, other natural disaster, war, embargo, riot or the intervention of any government authority, provided that the party that is unable to perform immediately notifies the other party of such inability. You agree to conduct transactions, including, but not limited to the acknowledgement of these Terms and future transactions, by electronic means.