{"id":63,"date":"2020-04-17T19:47:38","date_gmt":"2020-04-17T19:47:38","guid":{"rendered":"https:\/\/www.tolepaintingbookexchange.com\/?page_id=63"},"modified":"2020-04-28T09:18:57","modified_gmt":"2020-04-28T09:18:57","slug":"terms-of-service","status":"publish","type":"page","link":"https:\/\/tolepaintingbookexchange.com\/?page_id=63","title":{"rendered":"Terms and conditions"},"content":{"rendered":"

\"\"<\/p>\n

TERMS OF SERVICE AGREEMENT<\/span>
\nPLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY <\/span>ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE <\/span>BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS <\/span>THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER <\/span>TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF<\/span>
\nYOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN<\/span>
\nPLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF<\/span>
\nSERVICE AGREEMENT IS EFFECTIVE AS OF 04\/17\/2020.<\/span>
\nACCEPTANCE OF TERMS<\/span><\/strong>
\nThe following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall<\/span>
\ngovern the relationship with our users and others which may interact or interface with Tole Painting<\/span>
\nBook Exchange, also known as (TPBE), located at 180 W 1st St – 717 Yamhill, OR 97148<\/span>
\nand our subsidiaries and affiliates, in association with the use of<\/span>
\nthe TPBE website, which includes tolepaintingbookexchange.com, (the “Site”) and its Services,<\/span>
\nwhich shall be defined below.<\/span>
\nDESCRIPTION OF WEBSITE SERVICES OFFERED<\/span><\/strong>
\nThe Site is a non-profit website which has the following description:<\/span>
\nWe, the TPBE, were organized in 2020.<\/span>
\nAny and all visitors to our site, despite whether they are registered or not, shall be deemed as<\/span>
\n“users” of the herein contained Services provided for the purpose of this TOS. Once an individual<\/span>
\nregister’s for our Services, through the process of creating an account, the user shall then be<\/span>
\nconsidered a “member.”<\/span>
\nThe user and\/or member acknowledges and agrees that the Services provided and made<\/span>
\navailable through our website and applications, which may include some mobile applications and<\/span>
\nthat those applications may be made available on various social media networking sites and<\/span>
\nnumerous other platforms and downloadable programs, are the sole property of TPBE .<\/span>
\nAt its discretion, TPBE may offer additional website Services and\/or products, or update, modify<\/span>
\nor revise any current content and Services, and this Agreement shall apply to any and all additional<\/span>
\nServices and\/or products and any and all updated, modified or revised Services unless otherwise stipulated.<\/span>
\nTPBE does hereby reserve the right to cancel and cease offering any of the<\/span>
\naforementioned Services and\/or products. You, as the end user and\/or member, acknowledge,<\/span>
\naccept and agree that TPBE shall not be held liable for any such<\/span>
\nupdates, modifications, revisions, suspensions or discontinuance of any of our Services and\/or<\/span>
\nproducts. Your continued use of the Services provided, after such posting of any updates,<\/span>
\nchanges, and\/or modifications shall constitute your acceptance of such updates, changes and\/or<\/span>
\nmodifications, and as such, frequent review of this Agreement and any and all applicable terms<\/span>
\nand policies should be made by you to ensure you are aware of all terms and policies currently in<\/span>
\neffect. Should you not agree to the updated, revised or modified terms, you must stop using the<\/span>
\nprovided Services forthwith.<\/span>
\nFurthermore, the user and\/or member understands, acknowledges and agrees that the Services<\/span>
\noffered shall be provided “AS IS” and as such TPBE shall not<\/span>
\nassume any responsibility or obligation for the timeliness, missed delivery, deletion and\/or any<\/span>
\nfailure to store user content, communication or personalization settings.<\/span>
\nREGISTRATION<\/span><\/strong>
\nTo register and become a “member” of the TPBE website, you must be at least 18 years of age to enter into<\/span>
\nand form a legally binding contract. In addition, you must be in good standing and not an<\/span>
\nindividual that has been previously barred from receiving TPBE’s Services under the<\/span>
\nlaws and statutes of the United States or other applicable jurisdiction.<\/span>
\nWhen you register, TPBE may collect information such as your name, e-mail address,<\/span>
\nbirth date, gender, mailing address, occupation, industry and personal interests. You can edit your<\/span>
\naccount information at any time. Once you register with TPBE and sign in to our Services,<\/span>
\nyou are no longer anonymous to us.<\/span>
\nFurthermore, the registering party hereby acknowledges, understands and agrees to:<\/span>
\na) furnish factual, correct, current and complete information with regards to yourself as may<\/span>
\nbe requested by the data registration process, and<\/span>
\nb) maintain and promptly update your registration and profile information in an effort to<\/span>
\nmaintain accuracy and completeness at all times.<\/span>
\nIf anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature,<\/span>
\nTPBE will have sufficient grounds and rights to suspend or<\/span>
\nterminate the member in violation of this aspect of the Agreement, and as such refuse any and all<\/span>
\ncurrent or future use of TPBE Services, or any portion thereof.<\/span>
\nIt is TPBE’s priority to ensure the safety and privacy of all its<\/span>
\nvisitors, users and members, especially that of children. Therefore, it is for this reason that the<\/span>
\nparents of any child under the age of 13 that permit their child or children access to the TPBE<\/span>
\nwebsite platform Services must create a “family” account, which will certify that the<\/span>
\nindividual creating the “family” account is of 18 years of age and as such, the parent or legal<\/span>
\nguardian of any child or children registered under the “family” account. As the creator of the<\/span>
\n“family” account, s\/he is thereby granting permission for his\/her child or children to access the<\/span>
\nvarious Services provided, including, but not limited to, message boards, email, and\/or instant<\/span>
\nmessaging. It is the parent’s and\/or legal guardian’s responsibility to determine whether any of<\/span>
\nthe Services and\/or content provided are age-appropriate for his\/her child.<\/span>
\nPRIVACY POLICY<\/span><\/strong>
\nEvery member’s registration data and various other personal information are strictly protected by<\/span>
\nthe TPBE Online Privacy Policy (see the full Privacy Policy at<\/span>
\nhttps:\/\/tolepaintingbookexchange.com\/privacypolicy). As a member, you herein consent to the collection<\/span>
\nand use of the information provided, including the transfer of information within the United States<\/span>
\nand\/or other countries for storage, processing or use by TPBE<\/span>
\nand\/or our subsidiaries and affiliates.<\/span>
\nMEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY<\/span><\/strong>
\nWhen you set up an account, you are the sole authorized user of your account. You shall be<\/span>
\nresponsible for maintaining the secrecy and confidentiality of your password and for all activities<\/span>
\nthat transpire on or within your account. It is your responsibility for any act or omission of any<\/span>
\nuser(s) that access your account information that, if undertaken by you, would be deemed a<\/span>
\nviolation of the TOS. It shall be your responsibility to notify TPBE<\/span>
\nimmediately if you notice any unauthorized access or use of your account or password or any<\/span>
\nother breach of security. TPBE shall not be held liable for any<\/span>
\nloss and\/or damage arising from any failure to comply with this term and\/or condition of the TOS.<\/span>
\nCONDUCT<\/span><\/strong>
\nAs a user or member of the Site, you herein acknowledge, understand and agree that all<\/span>
\ninformation, text, software, data, photographs, music, video, messages, tags or any other content,<\/span>
\nwhether it is publicly or privately posted and\/or transmitted, is the expressed sole responsibility of<\/span>
\nthe individual from whom the content originated. In short, this means that you are solely<\/span>
\nresponsible for any and all content posted, uploaded, emailed, transmitted or otherwise made<\/span>
\navailable by way of the TPBE Services, and as such, we do not guarantee the<\/span>
\naccuracy, integrity or quality of such content. It is expressly understood that by use of our<\/span>
\nServices, you may be exposed to content including, but not limited to, any errors or omissions in<\/span>
\nany content posted, and\/or any loss or damage of any kind incurred as a result of the use of any<\/span>
\ncontent posted, emailed, transmitted or otherwise made available by TPBE.<\/span>
\nFurthermore, you herein agree not to make use of TPBE’s<\/span>
\nServices for the purpose of:<\/span>
\na) uploading, posting, emailing, transmitting, or otherwise making available any content that<\/span>
\nshall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory,<\/span>
\nvulgar, obscene, libelous, or invasive of another’s privacy or which is hateful, and\/or<\/span>
\nracially, ethnically, or otherwise objectionable;<\/span>
\nb) causing harm to minors in any manner whatsoever;<\/span>
\nc) impersonating any individual or entity, including, but not limited to, any TPBE<\/span>
\nofficials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any<\/span>
\naffiliation with an individual or entity;<\/span>
\nd) forging captions, headings or titles or otherwise offering any content that you personally<\/span>
\nhave no right to pursuant to any law nor having any contractual or fiduciary relationship<\/span>
\nwith;<\/span>
\ne) uploading, posting, emailing, transmitting or otherwise offering any such content that may<\/span>
\ninfringe upon any patent, copyright, trademark, or any other proprietary or intellectual<\/span>
\nrights of any other party;<\/span>
\nf) uploading, posting, emailing, transmitting or otherwise offering any content that you do not<\/span>
\npersonally have any right to offer pursuant to any law or in accordance with any<\/span>
\ncontractual or fiduciary relationship;<\/span>
\ng) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or<\/span>
\nunauthorized advertising, promotional flyers, “junk mail,” “spam,” or any other form of<\/span>
\nsolicitation, except in any such areas that may have been designated for such purpose;<\/span>
\nh) uploading, posting, emailing, transmitting, or otherwise offering any source that may<\/span>
\ncontain a software virus or other computer code, any files and\/or programs which have<\/span>
\nbeen designed to interfere, destroy and\/or limit the operation of any computer software,<\/span>
\nhardware, or telecommunication equipment;<\/span>
\ni) disrupting the normal flow of communication, or otherwise acting in any manner that would<\/span>
\nnegatively affect other users’ ability to participate in any real time interactions;<\/span>
\nj) interfering with or disrupting any TPBE Services, servers<\/span>
\nand\/or networks that may be connected or related to our website, including, but not limited<\/span>
\nto, the use of any device software and\/or routine to bypass the robot exclusion headers;<\/span>
\nk) intentionally or unintentionally violating any local, state, federal, national or international<\/span>
\nlaw, including, but not limited to, rules, guidelines, and\/or regulations decreed by the U.S.<\/span>
\nSecurities and Exchange Commission, in addition to any rules of any nation or other<\/span>
\nsecurities exchange, that would include without limitation, the New York Stock Exchange,<\/span>
\nthe American Stock Exchange, or the NASDAQ, and any regulations having the force of<\/span>
\nlaw;<\/span>
\nl) providing informational support or resources, concealing and\/or disguising the character,<\/span>
\nlocation, and or source to any organization delegated by the United States government as<\/span>
\na “foreign terrorist organization” in accordance to Section 219 of the Immigration<\/span>
\nNationality Act;<\/span>
\nm) “stalking” or with the intent to otherwise harass another individual; and\/or<\/span>
\nn) collecting or storing of any personal data relating to any other member or user in<\/span>
\nconnection with the prohibited conduct and\/or activities which have been set forth in the<\/span>
\naforementioned paragraphs.<\/span>
\nTPBE herein reserves the right to pre-screen, refuse and\/or<\/span>
\ndelete any content currently available through our Services. In addition, we reserve the right to<\/span>
\nremove and\/or delete any such content that would violate the TOS or which would otherwise be<\/span>
\nconsidered offensive to other visitors, users and\/or members.<\/span>
\nTPBE herein reserves the right to access, preserve and\/or<\/span>
\ndisclose member account information and\/or content if it is requested to do so by law or in good<\/span>
\nfaith belief that any such action is deemed reasonably necessary for:<\/span>
\na) compliance with any legal process;<\/span>
\nb) enforcement of the TOS;<\/span>
\nc) responding to any claim that therein contained content is in violation of the rights of any<\/span>
\nthird party;<\/span>
\nd) responding to requests for customer service; or<\/span>
\ne) protecting the rights, property or the personal safety of TPBE, its visitors, users and members,<\/span>
\nincluding the general public. TPBE herein reserves the right to include the use of security<\/span>
\ncomponents that may permit digital information or material to be protected, and that such use of<\/span>
\ninformation and\/or material is subject to usage guidelines and regulations established by<\/span>
\nTPBE or any other content providers supplying content services<\/span>
\nto TPBE. You are hereby prohibited from making any attempt to<\/span>
\noverride or circumvent any of the embedded usage rules in our Services. Furthermore,<\/span>
\nunauthorized reproduction, publication, distribution, or exhibition of any information or materials<\/span>
\nsupplied by our Services, despite whether done so in whole or in part, is expressly prohibited.<\/span>
\nCAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE<\/span><\/strong>
\nDue to the global nature of the internet, through the use of our network you hereby agree to<\/span>
\ncomply with all local rules relating to online conduct and that which is considered acceptable<\/span>
\nContent. Uploading, posting and\/or transferring of software, technology and other technical data<\/span>
\nmay be subject to the export and import laws of the United States and possibly other countries.<\/span>
\nThrough the use of our network, you thus agree to comply with all applicable export and import<\/span>
\nlaws, statutes and regulations, including, but not limited to, the Export Administration Regulations<\/span>
\n(http:\/\/www.access.gpo.gov\/bis\/ear\/ear_data.html), as well as the sanctions control program of<\/span>
\nthe United States (http:\/\/www.treasury.gov\/resourcecenter\/<\/span>
\nsanctions\/Programs\/Pages\/Programs.aspx). Furthermore, you state and pledge that you:<\/span>
\na) are not on the list of prohibited individuals which may be identified on any government<\/span>
\nexport exclusion report (http:\/\/www.bis.doc.gov\/complianceandenforcement\/liststocheck.htm)<\/span>
\nnor a member of any other government which may be part of an export-prohibited country<\/span>
\nidentified in applicable export and import laws and regulations;<\/span>
\nb) agree not to transfer any software, technology or any other technical data through the use<\/span>
\nof our network Services to any export-prohibited country;<\/span>
\nc) agree not to use our website network Services for any military, nuclear, missile, chemical<\/span>
\nor biological weaponry end uses that would be a violation of the U.S. export laws; and<\/span>
\nd) agree not to post, transfer nor upload any software, technology or any other technical data<\/span>
\nwhich would be in violation of the U.S. or other applicable export and\/or import laws.<\/span>
\nCONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES<\/span><\/strong>
\nTPBE shall not lay claim to ownership of any content submitted<\/span>
\nby any visitor, member, or user, nor make such content available for inclusion on our website<\/span>
\nServices. Therefore, you hereby grant and allow for TPBE the<\/span>
\nbelow listed worldwide, royalty-free and non-exclusive licenses, as applicable:<\/span>
\na) The content submitted or made available for inclusion on the publicly accessible areas of<\/span>
\nTPBE’s sites, the license provided to permit to use,<\/span>
\ndistribute, reproduce, modify, adapt, publicly perform and\/or publicly display said Content<\/span>
\non our network Services is for the sole purpose of providing and promoting the specific<\/span>
\narea to which this content was placed and\/or made available for viewing. This license shall<\/span>
\nbe available so long as you are a member of TPBE’s sites,<\/span>
\nand shall terminate at such time when you elect to discontinue your membership.<\/span>
\nb) Photos, audio, video and\/or graphics submitted or made available for inclusion on the<\/span>
\npublicly accessible areas of TPBE’s sites, the license<\/span>
\nprovided to permit to use, distribute, reproduce, modify, adapt, publicly perform and\/or<\/span>
\npublicly display said Content on our network Services are for the sole purpose of providing<\/span>
\nand promoting the specific area in which this content was placed and\/or made available for<\/span>
\nviewing. This license shall be available so long as you are a member of TPBE<\/span>
\n‘s sites and shall terminate at such time when you elect to discontinue<\/span>
\nyour membership.<\/span>
\nc) For any other content submitted or made available for inclusion on the publicly accessible<\/span>
\nareas of TPBE’s sites, the continuous, binding and<\/span>
\ncompletely sub-licensable license which is meant to permit to use, distribute, reproduce,<\/span>
\nmodify, adapt, publish, translate, publicly perform and\/or publicly display said content,<\/span>
\nwhether in whole or in part, and the incorporation of any such Content into other works in<\/span>
\nany arrangement or medium current used or later developed.<\/span>
\nThose areas which may be deemed “publicly accessible” areas of TPBE <\/span>
\n‘s sites are those such areas of our network properties which are meant to be available to<\/span>
\nthe general public, and which would include message boards and groups that are openly<\/span>
\navailable to both users and members.<\/span>
\nCONTRIBUTIONS TO COMPANY WEBSITE<\/span><\/strong>
\nTPBE provides an area for our users and members to contribute<\/span>
\nfeedback to our website. When you submit ideas, documents, suggestions and\/or proposals<\/span>
\n(“Contributions”) to our site, you acknowledge and agree that:<\/span>
\na) your contributions do not contain any type of confidential or proprietary information;<\/span>
\nb) TPBE shall not be liable or under any obligation to ensure or maintain<\/span>
\nconfidentiality, expressed or implied, related to any Contributions;<\/span>
\nc) TPBE shall be entitled to make use of and\/or disclose any such Contributions<\/span>
\nin any such manner as they may see fit;<\/span>
\nd) the contributor’s Contributions shall automatically become the sole property of TPBE<\/span>
\n; and<\/span>
\ne) TPBE is under no obligation to either compensate or provide any form of<\/span>
\nreimbursement in any manner or nature.<\/span>
\nINDEMNITY<\/span><\/strong>
\nAll users and\/or members herein agree to insure and hold TPBE,<\/span>
\nour subsidiaries, affiliates, agents, employees, officers, partners and\/or licensors blameless or not<\/span>
\nliable for any claim or demand, which may include, but is not limited to, reasonable attorney fees<\/span>
\nmade by any third party which may arise from any content a member or user of our site may<\/span>
\nsubmit, post, modify, transmit or otherwise make available through our Services, the use of<\/span>
\nTPBE Services or your connection with these Services, your violations of the Terms<\/span>
\nof Service and\/or your violation of any such rights of another person.<\/span>
\nCOMMERCIAL REUSE OF SERVICES<\/span><\/strong>
\nThe member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit<\/span>
\nfor any commercial reason any part, use of, or access to TPBE’s sites.<\/span>
\nUSE AND STORAGE GENERAL PRACTICES<\/span><\/strong>
\nYou herein acknowledge that TPBE may set up any such<\/span>
\npractices and\/or limits regarding the use of our Services, without limitation of the maximum<\/span>
\nnumber of days that any email, message posting or any other uploaded content shall be retained<\/span>
\nby TPBE, nor the maximum number of email messages that may<\/span>
\nbe sent and\/or received by any member, the maximum volume or size of any email message that<\/span>
\nmay be sent from or may be received by an account on our Service, the maximum disk space<\/span>
\nallowable that shall be allocated on TPBE’s servers on the<\/span>
\nmember’s behalf, and\/or the maximum number of times and\/or duration that any member may<\/span>
\naccess our Services in a given period of time. In addition, you also agree that TPBE<\/span>
\nhas absolutely no responsibility or liability for the removal or failure to<\/span>
\nmaintain storage of any messages and\/or other communications or content maintained or<\/span>
\ntransmitted by our Services. You also herein acknowledge that we reserve the right to delete or<\/span>
\nremove any account that is no longer active for an extended period of time. Furthermore,<\/span>
\nTPBE shall reserve the right to modify, alter and\/or update these<\/span>
\ngeneral practices and limits at our discretion.<\/span>
\nMODIFICATIONS<\/span><\/strong>
\nTPBE shall reserve the right at any time it may deem fit, to<\/span>
\nmodify, alter and or discontinue, whether temporarily or permanently, our service, or any part<\/span>
\nthereof, with or without prior notice. In addition, we shall not be held liable to you or to any third<\/span>
\nparty for any such alteration, modification, suspension and\/or discontinuance of our Services, or<\/span>
\nany part thereof.<\/span>
\nTERMINATION<\/span><\/strong>
\nAs a member of TPBE, you may cancel or terminate your account, associated<\/span>
\nemail address and\/or access to our Services by submitting a cancellation or termination request<\/span>
\nto su*****<\/span>@**********************<\/span>ge.com<\/span>.<\/span>
\nAs a member, you agree that TPBE may, without any prior written<\/span>
\nnotice, immediately suspend, terminate, discontinue and\/or limit your account, any email<\/span>
\nassociated with your account, and access to any of our Services. The cause for such termination,<\/span>
\ndiscontinuance, suspension and\/or limitation of access shall include, but is not limited to:<\/span>
\na) any breach or violation of our TOS or any other incorporated agreement, regulation and\/or<\/span>
\nguideline;<\/span>
\nb) by way of requests from law enforcement or any other governmental agencies;<\/span>
\nc) the discontinuance, alteration and\/or material modification to our Services, or any part<\/span>
\nthereof;<\/span>
\nd) unexpected technical or security issues and\/or problems;<\/span>
\ne) any extended periods of inactivity;<\/span>
\nf) any engagement by you in any fraudulent or illegal activities; and\/or<\/span>
\ng) the nonpayment of any associated fees that may be owed by you in connection with your<\/span>
\nTPBE account Services.<\/span>
\nFurthermore, you herein agree that any and all terminations, suspensions, discontinuances, and<\/span>
\nor limitations of access for cause shall be made at our sole discretion and that we shall not be<\/span>
\nliable to you or any other third party with regards to the termination of your account, associated<\/span>
\nemail address and\/or access to any of our Services.<\/span>
\nThe termination of your account with tolepaintingbookexchange.com shall include any and\/or all of the<\/span>
\nfollowing:<\/span>
\na) the removal of any access to all or part of the Services offered withinR aindropchapter.org;<\/span>
\nb) the deletion of your password and any and all related information, files, and any such<\/span>
\ncontent that may be associated with or inside your account, or any part thereof; and<\/span>
\nc) the barring of any further use of all or part of our Services.<\/span>
\nADVERTISERS<\/span><\/strong>
\nAny correspondence or business dealings with, or the participation in any promotions of,<\/span>
\nadvertisers located on or through our Services, which may include the payment and\/or delivery of<\/span>
\nsuch related goods and\/or Services, and any such other term, condition, warranty and\/or<\/span>
\nrepresentation associated with such dealings, are and shall be solely between you and any such<\/span>
\nadvertiser. Moreover, you herein agree that TPBE shall not be<\/span>
\nheld responsible or liable for any loss or damage of any nature or manner incurred as a direct<\/span>
\nresult of any such dealings or as a result of the presence of such advertisers on our website.<\/span>
\nLINKS<\/span><\/strong>
\nEither TPBE or any third parties may provide links to other<\/span>
\nwebsites and\/or resources. Thus, you acknowledge and agree that we are not responsible for the<\/span>
\navailability of any such external sites or resources, and as such, we do not endorse nor are we<\/span>
\nresponsible or liable for any content, products, advertising or any other materials, on or available<\/span>
\nfrom such third party sites or resources. Furthermore, you acknowledge and agree that TPBE<\/span>
\nshall not be responsible or liable, directly or indirectly, for any such<\/span>
\ndamage or loss which may be a result of, caused or allegedly to be caused by or in connection<\/span>
\nwith the use of or the reliance on any such content, goods or Services made available on or<\/span>
\nthrough any such site or resource.<\/span>
\nPROPRIETARY RIGHTS<\/span><\/strong>
\nYou do hereby acknowledge and agree that TPBE’s Services and<\/span>
\nany essential software that may be used in connection with our Services (“Software”) shall<\/span>
\ncontain proprietary and confidential material that is protected by applicable intellectual property<\/span>
\nrights and other laws. Furthermore, you herein acknowledge and agree that any Content which<\/span>
\nmay be contained in any advertisements or information presented by and through our Services or<\/span>
\nby advertisers is protected by copyrights, trademarks, patents or other proprietary rights and<\/span>
\nlaws. Therefore, except for that which is expressly permitted by applicable law or as authorized by<\/span>
\nTPBE or such applicable licensor, you agree not to alter, modify,<\/span>
\nlease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and\/or created any<\/span>
\nplagiaristic works which are based on TPBE Services (e.g.<\/span>
\nContent or Software), in whole or part.<\/span>
\nTPBE herein has granted you personal, non-transferable and<\/span>
\nnon-exclusive rights and\/or license to make use of the object code or our Software on a single<\/span>
\ncomputer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify,<\/span>
\ncreate or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt<\/span>
\nto locate or discern any source code, sell, assign, sublicense, grant a security interest in and\/or<\/span>
\notherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or<\/span>
\nchange the Software in any manner, nature or form, and as such, not to use any modified<\/span>
\nversions of the Software, including and without limitation, for the purpose of obtaining<\/span>
\nunauthorized access to our Services. Lastly, you also agree not to access or attempt to access<\/span>
\nour Services through any means other than through the interface which is provided by TPBE<\/span>
\nfor use in accessing our Services.<\/span>
\nWARRANTY DISCLAIMERS<\/span><\/strong>
\nYOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:<\/span>
\na) THE USE OF TOLE PAINTERS BOOK EXCHANGE SERVICES AND<\/span>
\nSOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE<\/span>
\nSHALL BE PROVIDED ON AN “AS IS” AND\/OR “AS AVAILABLE” BASIS. RAINDROP<\/span>
\nCHAPTER OF PORTLAND OREGON AND OUR SUBSIDIARIES, AFFILIATES,<\/span>
\nOFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY<\/span>
\nDISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR<\/span>
\nIMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE,<\/span>
\nMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.<\/span>
\nb) TOLE PAINTERS BOOK EXCHANGE AND OUR SUBSIDIARIES,<\/span>
\nOFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH<\/span>
\nWARRANTIES THAT (i) TOLE PAINTERS BOOK EXCHANGE SERVICES<\/span>
\nOR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) TPBE OF<\/span>
\nPORTLAND OREGON SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED,<\/span>
\nTIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE<\/span>
\nOBTAINED FROM THE USE OF THE TOLE PAINTERS BOOK EXCHANGE<\/span>
\nSERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY<\/span>
\nPRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE<\/span>
\nPURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE<\/span>
\nWILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED<\/span>
\nIN THE SOFTWARE SHALL BE CORRECTED.<\/span>
\nc) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY<\/span>
\nWAY OF TOLE PAINTERS BOOK EXCHANGE SERVICES OR SOFTWARE<\/span>
\nSHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH<\/span>
\nYOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL<\/span>
\nCLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR<\/span>
\nCOMPUTER AND\/OR INTERNET ACCESS, DOWNLOADING AND\/OR DISPLAYING,<\/span>
\nOR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF<\/span>
\nANY SUCH INFORMATION OR MATERIAL.<\/span>
\nd) NO ADVICE AND\/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT<\/span>
\nMAY BE OBTAINED BY YOU FROM TOLE PAINTERS BOOK EXCHANGE<\/span>
\nOR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY<\/span>
\nWARRANTY NOT EXPRESSLY STATED IN THE TOS.<\/span>
\ne) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF<\/span>
\nEPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR<\/span>
\nBACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE<\/span>
\nUSING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY<\/span>
\nUNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO<\/span>
\nHAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU,<\/span>
\nANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC<\/span>
\nCONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE<\/span>
\nFOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED<\/span>
\nVISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION,<\/span>
\nANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.<\/span>
\nLIMITATION OF LIABILITY<\/span><\/strong>
\nYOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT RAINDROP<\/span>
\nCHAPTER OF PORTLAND OREGON AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS,<\/span>
\nEMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR<\/span>
\nANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY<\/span>
\nDAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO<\/span>
\nTHE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND\/OR OTHER INTANGIBLE<\/span>
\nLOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT<\/span>
\nSAID DAMAGES MAY OCCUR, AND RESULT FROM:<\/span>
\na) THE USE OR INABILITY TO USE OUR SERVICE;<\/span>
\nb) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;<\/span>
\nc) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS<\/span>
\nAND\/OR DATA;<\/span>
\nd) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;<\/span>
\ne) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.<\/span>
\nRELEASE<\/span><\/strong>
\nIn the event you have a dispute, you agree to release TPBE (and<\/span>
\nits officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and<\/span>
\nany other third parties) from claims, demands and damages (actual and consequential) of every<\/span>
\nkind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed,<\/span>
\narising out of or in any way connected to such dispute.<\/span>
\nSPECIAL ADMONITION RELATED TO FINANCIAL MATTERS<\/span><\/strong>
\nShould you intend to create or to join any service, receive or request any such news, messages,<\/span>
\nalerts or other information from our Services concerning companies, stock quotes, investments or<\/span>
\nsecurities, please review the above Sections Warranty Disclaimers and Limitations of Liability<\/span>
\nagain. In addition, for this particular type of information, the phrase “Let the investor beware” is<\/span>
\nappropriate. TPBE’s content is provided primarily for<\/span>
\ninformational purposes, and no content that shall be provided or included in our Services is<\/span>
\nintended for trading or investing purposes. TPBE and our<\/span>
\nlicensors shall not be responsible or liable for the accuracy, usefulness or availability of any<\/span>
\ninformation transmitted and\/or made available by way of our Services, and shall not be<\/span>
\nresponsible or liable for any trading and\/or investment decisions based on any such information.<\/span>
\nEXCLUSION AND LIMITATIONS<\/span><\/strong>
\nTHERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN<\/span>
\nWARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR<\/span>
\nCONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF<\/span>
\nSECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO<\/span>
\nYOU.<\/span>
\nTHIRD PARTY BENEFICIARIES<\/span><\/strong>
\nYou herein acknowledge, understand and agree, unless otherwise expressly provided in this<\/span>
\nTOS, that there shall be no third-party beneficiaries to this agreement.<\/span>
\nNOTICE<\/span><\/strong>
\nTPBE may furnish you with notices, including those with regards<\/span>
\nto any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text<\/span>
\nmessaging, postings on our website Services, or other reasonable means currently known or any<\/span>
\nwhich may be herein after developed. Any such notices may not be received if you violate any<\/span>
\naspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of<\/span>
\nthis TOS constitutes your agreement that you are deemed to have received any and all notices<\/span>
\nthat would have been delivered had you accessed our Services in an authorized manner.<\/span>
\nTRADEMARK INFORMATION<\/span><\/strong>
\nYou herein acknowledge, understand and agree that all of the TPBE <\/span>
\ntrademarks, copyright, trade name, service marks, and other TPBE <\/span>
\nPortland logos and any brand features, and\/or product and service names are<\/span>
\ntrademarks and as such, are and shall remain the property of TPBE <\/span>
\n. You herein agree not to display and\/or use in any manner the TPBE logo or marks<\/span>
\nwithout obtaining TPBE’s prior written consent.<\/span>
\nCOPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES<\/span><\/strong>
\nTPBE will always respect the intellectual property of others, and<\/span>
\nwe ask that all of our users do the same. With regards to appropriate circumstances and at its<\/span>
\nsole discretion, TPBE may disable and\/or terminate the accounts<\/span>
\nof any user who violates our TOS and\/or infringes the rights of others. If you feel that your work<\/span>
\nhas been duplicated in such a way that would constitute copyright infringement, or if you believe<\/span>
\nyour intellectual property rights have been otherwise violated, you should provide to us the<\/span>
\nfollowing information:<\/span>
\na) The electronic or the physical signature of the individual that is authorized on behalf of the<\/span>
\nowner of the copyright or other intellectual property interest;<\/span>
\nb) A description of the copyrighted work or other intellectual property that you believe has<\/span>
\nbeen infringed upon;<\/span>
\nc) A description of the location of the site which you allege has been infringing upon your<\/span>
\nwork;<\/span>
\nd) Your physical address, telephone number, and email address;<\/span>
\ne) A statement, in which you state that the alleged and disputed use of your work is not<\/span>
\nauthorized by the copyright owner, its agents or the law;<\/span>
\nf) And finally, a statement, made under penalty of perjury, that the aforementioned<\/span>
\ninformation in your notice is truthful and accurate, and that you are the copyright or<\/span>
\nintellectual property owner, representative or agent authorized to act on the copyright or<\/span>
\nintellectual property owner’s behalf.<\/span>
\nT h e TPBE Agent for notice of claims of copyright or other<\/span>
\nintellectual property infringement can be contacted as follows:<\/span>
\nMailing Address:<\/span>
\nTPBE<\/span>
\nAttn: Copyright Agent<\/span>
\n180 W 1st St – 717<\/span>
\nYamhill, OR 97148<\/span>
\nTelephone: 971-832-3079<\/span>
\nEmail: su*****<\/span>@**********************<\/span>ge.com<\/span><\/span>
\nCLOSED CAPTIONING<\/span><\/strong>
\nBE IT KNOWN, that TPBE complies with all applicable Federal<\/span>
\nCommunications Commission rules and regulations regarding the closed captioning of video<\/span>
\ncontent. For more information, please visit our website at tolepaintingbookexchange.com.<\/span>
\nGENERAL INFORMATION<\/span><\/strong>
\nENTIRE AGREEMENT<\/span><\/strong>
\nThis TOS constitutes the entire agreement between you and TPBE <\/span>
\nand shall govern the use of our Services, superseding any prior version of this TOS<\/span>
\nbetween you and us with respect to TPBE Services. You may<\/span>
\nalso be subject to additional terms and conditions that may apply when you use or purchase<\/span>
\ncertain other TPBE Services, affiliate Services, third-party content<\/span>
\nor third-party software.<\/span>
\nCHOICE OF LAW AND FORUM<\/span><\/strong>
\nIt is at the mutual agreement of both you and TPBE with regard<\/span>
\nto the TOS that the relationship between the parties shall be governed by the laws of the state of<\/span>
\nwithout regard to its conflict of law provisions and that any and all claims, causes of action<\/span>
\nand\/or disputes, arising out of or relating to the TOS, or the relationship between you and<\/span>
\nTPBE, shall be filed within the courts having jurisdiction within the<\/span>
\nCounty of USA, or the U.S. District Court located in said state. You and TPBE<\/span>
\nagree to submit to the jurisdiction of the courts as previously mentioned, and<\/span>
\nagree to waive any and all objections to the exercise of jurisdiction over the parties by such courts<\/span>
\nand to venue in such courts.<\/span>
\nWAIVER AND SEVERABILITY OF TERMS<\/span><\/strong>
\nAt any time, should TPBE fail to exercise or enforce any right or<\/span>
\nprovision of the TOS, such failure shall not constitute a waiver of such right or provision. If any<\/span>
\nprovision of this TOS is found by a court of competent jurisdiction to be invalid, the parties<\/span>
\nnevertheless agree that the court should endeavor to give effect to the parties’ intentions as<\/span>
\nreflected in the provision, and the other provisions of the TOS remain in full force and effect.<\/span>
\nNO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY<\/span><\/strong>
\nYou acknowledge, understand and agree that your account is non-transferable and any rights to<\/span>
\nyour ID and\/or contents within your account shall terminate upon your death. Upon receipt of a<\/span>
\ncopy of a death certificate, your account may be terminated and all contents therein permanently<\/span>
\ndeleted.<\/span>
\nSTATUTE OF LIMITATIONS<\/span><\/strong>
\nYou acknowledge, understand and agree that regardless of any statute or law to the contrary, any<\/span>
\nclaim or action arising out of or related to the use of our Services or the TOS must be filed within<\/span>
\n1 year(s) after said claim or cause of action arose or shall be forever barred.<\/span>
\nVIOLATIONS<\/span><\/strong>
\nPlease report any and all violations of this TOS to TPBE as<\/span>
\nfollows:<\/span>
\nMailing Address:<\/span>
\nTole Painting Book Exchange<\/span>
\n180 W 1st St – 717<\/span>
\nYamhill, OR 97148<\/span>
\nTelephone: 971-832-3079<\/span>
\nEmail: su*****<\/span>@**********************<\/span>ge.com<\/span><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

TERMS OF SERVICE AGREEMENT PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER …<\/p>\n

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