Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of One Fine Thing LLC d/b/a Poet’s Paint. The collective work includes works that are licensed to One Fine Thing LLC d/b/a Poet’s Paint™. Copyright 2014-2015, One Fine Thing LLC d/b/a Poet’s Paint. ALL RIGHTS RESERVED.
You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Poet’s Paint.com or to purchase Poet’s Paint™ products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by One Fine Thing LLC d/b/a Poet’s Paint™. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Use of any photographs owned by One Fine Thing LLC d/b/a Poet’s Paint for the purpose of selling Poet’s Paint is strictly forbidden and in violation of copyright and our trademark.
Selling of Poet’s Paint as new, without a reseller or distributor’s license is strictly forbidden.
Poet’s Paint makes no representation or warranty or condition, either express or implied, to you:
- that PoetsPaint.com will be uninterrupted or error-free;
- that PoetsPaint.com or the computer server from which it is made available, are free of any viruses or other harmful components or programs;
- as to the accuracy, content, timeliness, completeness, legality, reliability, quality or suitability of any information, advice, content, service or search results provided by PoetsPaint.com ;
- as to the quality or suitability of any goods or services or information received through or advertised on PoetsPaint.com or received through links provided on PoetsPaint.com , whether from PoetsPaint.com or other third parties.
Limitation of Liability
Under no circumstances will PoetsPaint.com, or any other party involved in the creation, production, maintenance or distribution of PoetsPaint.com, be liable for any damages either direct, indirect, incidental, special or consequential (including but not limited to loss of: profits, business, anticipated savings, goodwill, opportunity, use of data or other intangible losses) that result from any of the following:
- the use of and reliance upon PoetsPaint.com;
- any inability to use PoetsPaint.com;
- any errors, omissions, interruptions, suspension, termination, deletion of files or email, mistakes, defects, viruses and other harmful creation, delays in operation, transmission or service response time, or any failure of performance by PoetsPaint.com including without limitation those arising from acts of God, communications failure, theft, destruction or any unauthorized access to PoetsPaint.com’s data, records, programs or services;
- any services or products, information or advice received through or advertised on PoetsPaint.com or through any links provided on PoetsPaint.com.
Poet’s Paint is unable to ensure or guarantee the security of any information transmitted over the internet. Any information or data which you transmit to or by using PoetsPaint.com is done at your own risk and Poet’s Paint will not be responsible or liable for any damage that may result from transmitting such information.
Recipients of emails from PoetsPaint.com should check the email and any attachment for the presence of viruses. The company accepts no liability for any damage caused by any viruses transmitted by email or otherwise.
If any jurisdiction doesn’t allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.
Your use of this site shall be governed by the laws of the state of Florida, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Poet’s Paint products) shall be in the state or federal courts located in Indian River County, Florida. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Poet’s Paint products) must be commenced within one (1) year after the claim or cause of action arises.
Poet’s Paint failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions.
Poet’s Paint may assign its rights and duties under this Agreement to any party at any time without notice to you.
These conditions and any and all documents referred to herein form the entire agreement between Poet’s Paint with respect to the use of PoetsPaint.com. If any term in these conditions is determined by a court to be illegal, invalid or in any way unenforceable, that provision shall be severed from these conditions and the remaining provisions shall continue in full force and effect.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a PoetsPaint.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
You may only access password-protected information if you’re entitled to do as an employee or authorized third party of PoetsPaint.com, or are otherwise granted permission to access this information by Poet’s Paint. You must comply with the terms of this clause in respect of all content, advice, guidance and information within this area unless the entitlement to distribute, copy or otherwise use such content is clearly granted by Poet’s Paint.
Poet’s Paint does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Poet’s Paint is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Poet’s Paint reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Poet’s Paint in its sole discretion.
You agree to indemnify, defend, and hold harmless One Fine Thing LLC d/b/a Poet’s Paint, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, PoetsPaint.com may link to sites operated by third parties. However, even if the third party is affiliated with PoetsPaint.com, PoetsPaint.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of PoetsPaint.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Poet’s Paint seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).