Terms and Conditions
USING THE SITE
- You agree to use the Services only for purposes that are permitted by the Terms and any applicable law, rule, regulation, or generally accepted practices or guidelines in the relevant jurisdictions.
- You understand and agree that you are responsible for maintaining the confidentiality of applicable usernames and passwords associated with any account you use to access the Services, and that you will be solely responsible for all activities that occur under your account. If you are between the ages of 13 and 18, you must obtain parental consent prior to registering on the site. Children under the age of 13 are not permitted to register for the site in accordance with the Children’s Online Privacy Protection Act of 1998 (COPPA).
- You agree that you are solely responsible for (and that the Foundation has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which the Foundation may suffer) of any breach.
- Unauthorized attempts to upload information or change information on this Web site are strictly prohibited and may be punishable to the extent allowed by law.
- You understand that by using the Services you may be exposed to all information (such as data files, written text, media files, photographs, or other images), which you may have access to as part of, or through your use of, the Services (collectively “Content”) that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk. The Foundation reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from the Services.
- You acknowledge and agree that the Foundation (or its licensors) own all legal right, title and interest in and to the Services, including the trademark: “Not Even Once” and any other intellectual property rights which exist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
- On the condition that you comply with all your obligations in these Terms, the Foundation grants you a limited, revocable, nonexclusive, non-assignable, non-sublicenseable right to access, through a generally available web browser, the information that we provide through the Services.
- You understand that the Content is the sole responsibility of the person from which such Content originated. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by the Foundation or by the applicable Content owner in a separate agreement.
- You agree that you are solely responsible for (and that the Foundation has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which the Foundation may suffer) by doing so.
- You are not required to submit Content to use the Services. By submitting Content you agree to irrevocably and exclusively assign all worldwide intellectual property rights in the Content (including all copyright, trademark and moral rights) in exchange for good and valuable consideration, the receipt of which is hereby acknowledged. You confirm and warrant that you have the rights, power and authority necessary to grant the assignment set forth herein. You agree that you will work with the Foundation to affect such assignment and to protect the intellectual property rights in the Content you submit.
You should be aware that when you are on the Web site, you are able to access content from third party Web sites or could be directed to other Web sites via links from this Web site that take you outside of the http://www.PaintTheState.org domain. We are not responsible for, nor have we reviewed all of the content of these Web sites. These other Web sites may collect data or solicit personal information. Use good judgment and always be cautious of where you end up on the Web.
NOTIFICATION OF CHANGES
EXCLUSION OF WARRANTIES
- Nothing in these terms, including this section and the following section, shall exclude or limit the Foundation’s warranty or liability for losses that may not be lawfully excluded or limited by applicable law.
- You expressly understand and agree that your use of the services is at your sole risk and that the services are provided “as is” and “as available.” The Foundation further expressly disclaims all warranties, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
LIMITATION OF LIABILITY
- Subject to the first paragraph in exclusion of warranties above, you expressly understand and agree that the Foundation, its subsidiaries and affiliates, and its licensors shall not be liable to you for any direct, indirect, incidental, punitive, consequential or exemplary damages which may be incurred by you or any third party, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit, loss of goodwill or business reputation, loss of data, cost of procurement of substitute goods or services, or other intangible loss.
- The limitations on the Foundation’s liability to you in the paragraph above shall apply whether or not the Foundation has been advised of or should have been aware of the possibility of any such losses arising.
You agree to indemnify us and hold us harmless from any damages, losses and costs (including, but not limited to, reasonable attorneys’ fees) related to third party claims, charges or investigations, caused by (a) your failure to comply with the Terms and Conditions, (b) any content you submit to the Foundation, or (c) any activity in which you engage in, on or through the Services.
You may terminate this Agreement at any time with notice to the Foundation, such notice which shall be effective upon its processing. The Foundation may terminate this Agreement at any time with or without notice, which shall be effective immediately or as specified in the notice. The Terms shall survive termination of the Agreement, except for any licenses granted to you herein.
DONATION/MEMBERSHIP FEE REFUND POLICY
A tax-deductible charitable contribution made to the Foundation cannot be canceled or returned once it has been completed.
- Choice of Law. The Terms and any disputes with the Foundation arising out of these Terms shall be governed by Montana law, excluding conflicts of law provisions. You and the Foundation agree to submit to the exclusive jurisdiction of the courts located in Montana, to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that the Foundation shall still be allowed to apply for injunctive remedies (or the equivalent type of urgent legal relief) in any jurisdiction.
- Severability. If any provision of these Terms is found to be invalid or unenforceable under mandatory laws of a particular jurisdiction, such provision shall be interpreted as to give maximum effect to its intended purposes and this shall not affect the validity or enforceability of (a) such provision under the laws of any other jurisdiction, or (b) any other provisions of the Terms.
- Entire Agreement. You agree that these Terms constitute the entire, complete and exclusive agreement between you and us regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.
- Amendments. We reserve the right to modify, supplement or replace the Terms, effective upon posting at www.paintthestatemontana.org, or notifying you otherwise.
- Waivers. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.
- No Injunctive Relief. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, or exploitation of the Service or any content or other material used or displayed through the Service.
- Assignment and Delegation. You may not assign or delegate any rights or obligations under the Terms and Conditions and any purported assignment and delegation shall be ineffective. The Foundation may freely assign or delegate all rights and obligations under the Terms, fully or partially. We may also substitute, by way of unilateral novation, effective upon notice to you, the Foundation for any third party that assumes our rights and obligations under these Terms.
- Notice. You agree that the Foundation may provide you with notices, including those regarding changes to the Terms and Conditions, by email, regular mail, or postings on the Services.
Last updated: November 1, 2022