TP Home | About | Newsletter | Blogs |

Traditional Painter Terms of Service


(Andy Crichton) #1

We run a forum, blog and web site called Traditional Painter and would love for you to use it. Our basic service is free to access, although at some point we may offer paid upgrades for advanced features (possibly access to personal training courses and the like.)

Our site is designed to give you as much accurate and proven information as possible and encourage you to ask questions and express yourself freely. However, be responsible in what you publish. In particular, make sure that none of the prohibited items listed below appear on our site or get linked to from your input (things like spam, viruses, or hate content).

If you find content on the site that you believe violates our terms of service, please report this to poorsitecontent@traditionalpainter.com.

Creative Commons License

This was provided by Wordpress.com and has been re-purposed as we see fit.

Terms of Service for the Forum

The following terms and conditions govern all use of the Traditional Painter.com FORUM. The FORUM is owned and operated by Andy Crichton. The Forum is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Traditional Painter's Privacy Policy) and procedures that may be published from time to time on this FORUM by Andy Crichton (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the FORUM. By accessing or using any part of the FORUM, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the FORUM or use any services. If these terms and conditions are considered an offer by Andy Crichton, acceptance is expressly limited to these terms. The FORUM is available only to individuals who are at least 13 years old.

Your Traditional Painter.com FORUM Account

If you create a post on the FORUM, you are responsible for what you post. You must not describe or assign keywords to your postings in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Andy Crichton may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Andy Crichton liability.

You must immediately notify Andy Crichton of any unauthorized uses of your FORUM account or any other breaches of security. Andy Crichton will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

Responsibility of Contributors.

If you comment on the FORUM, post links on the FORUM, or otherwise make (or allow any third party to make) material available by means of the FORUM (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software.

By making Content available, you represent and warrant that:

the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;

If your employer has rights to intellectual property you create, you have either

i) received permission from your employer to post or make available the Content, including but not limited to any software, or

ii) secured from your employer a waiver as to all rights in or to the Content;

You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;

The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;

The Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);

The Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;

Your FORUM content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;

Your FORUM content is not presented in a manner that misleads your readers into thinking that you are another person or company; and

you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Andy Crichton or otherwise.

By submitting Content to Andy Crichton for inclusion on your FORUM account, you grant Andy Crichton a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting the FORUM and Traditional Painter website.

You also give other Traditional Painter.com permission to share your Content on other Traditional Painter.com sites and add their own Content to it (aka to reblog your Content), so long as they use only a portion of your post and they give you credit as the original author by linking back to your site - ie Reblogging.

If you delete FORUM Content, Andy Crichton will use reasonable efforts to remove it from the FORUM, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, Andy Crichton has the right (though not the obligation) to, in Andy Crichton’s sole discretion

(i) refuse or remove any content that, in Andy Crichton’s reasonable opinion, violates any site policy or is in any way harmful or objectionable, or

(ii) terminate or deny access to and use of the FORUM to any individual or entity for any reason, in Andy Crichton’s sole discretion.

Andy Crichton will have no obligation to provide a refund of any amounts previously paid.

Responsibility of Website Visitors.

Andy Crichton has not reviewed, and cannot review, all of the material, including computer software, posted to the FORUM, and cannot therefore be responsible for that material’s content, use or effects.

By operating the FORUM, Andy Crichton does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful.

You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.

The FORUM may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The FORUM may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated.

Andy Crichton disclaims any responsibility for any harm resulting from the use by visitors of the FORUM, or from any downloading by those visitors of content there posted.

Content Posted on Other Websites.

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Traditional Painter.com links, and that link to Traditional Painter.com.

Andy Crichton does not have any control over those non-Traditional Painter websites and webpages, and is not responsible for their contents or their use. By linking to a non-Traditional Painter FORUM, website or webpage, Andy Crichton does not represent or imply that it endorses such website or webpage.

You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Andy Crichton disclaims any responsibility for any harm resulting from your use of non-Traditional Painter websites and webpages.

Copyright Infringement and DMCA Policy.

As Andy Crichton asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Traditional Painter.com violates your copyright, you are encouraged to notify Andy Crichton in accordance with Andy Crichton’s Digital Millennium Copyright Act (“DMCA”) Policy.

Andy Crichton will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.

Andy Crichton will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Andy Crichton or others. In the case of such termination, Andy Crichton will have no obligation to provide a refund of any amounts previously paid to Andy Crichton.

Intellectual Property.

This Agreement does not transfer from Andy Crichton to you any Andy Crichton or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Andy Crichton.

Andy Crichton, Traditional Painter, Traditional Painter.com, the Traditional Painter.com logo, and all other trademarks, service marks, graphics and logos used in connection with Traditional Painter.com, the FORUM or the Website are trademarks or registered trademarks of Andy Crichton or Andy Crichton’s licensors.

Other trademarks, service marks, graphics and logos used in connection with the FORUM may be the trademarks of other third parties. Your use of the FORUM grants you no right or license to reproduce or otherwise use any Andy Crichton or third-party trademarks.

Advertisements.

Andy Crichton reserves the right to display advertisements on your blog unless otherwise agreed.

Changes

We are constantly updating our services, and that means sometimes we have to change the legal terms under which our services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new Terms will take effect. If you disagree with our changes, then you should stop using Traditional Painter.com within the designated notice period. Your continued use of Traditional Painter.com will be subject to the new Terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

Termination

Andy Crichton may terminate your access to all or any part of the FORUM at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Traditional Painter.com account (if you have one), you may simply discontinue using the Website.

All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties.

The FORUM is provided “as is”. Andy Crichton and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement.

Neither Andy Crichton nor its suppliers and licensors, makes any warranty that the FORUM will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, the FORUM at your own discretion and risk.

Limitation of Liability.

In no event will Andy Crichton, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for:

i) any special, incidental or consequential damages;

(ii) the cost of procurement for substitute products or services;

(iii) for interruption of use or loss or corruption of data; or

(iv) for any amounts that exceed the fees paid by you to Andy Crichton under this agreement during the twelve (12) month period prior to the cause of action.

Andy Crichton shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty.

You represent and warrant that

(i) your use of the Website will be in strict accordance with the Andy Crichton Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and

(ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

. You agree to indemnify and hold harmless Andy Crichton, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the FORUM, including but not limited to your violation of this Agreement.

Translation

. These Terms of Service were originally written in English (US). We may translate these Terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.

Miscellaneous

This Agreement constitutes the entire agreement between Andy Crichton and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by Andy Crichton, or by the posting by Andy Crichton of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the FORUM will be governed by the laws of UK.

Discussion board etiquette