Trading Paints Terms of Service
We have prepared this agreement ("user agreement" or "agreement") between Rhinode LLC ("we", "our," "us") and you. This agreement sets the terms of your use of the Trading Paints website and services ("Trading Paints") that include the Trading Paints software, programs, applications, and tools. This agreement is meant to encourage a fair and tolerant place for racers, designers, and fans.
Your Access to Trading Paints
Without advance notice and at any time, we may, for violations of this agreement or for any other reason we choose: (1) suspend your access to Trading Paints, (2) suspend or terminate Your Account or Trading Paints Pro membership, and/or (3) remove any of your User Content from Trading Paints.
We reserve the right to monitor Trading Paints, and your use of the Service means you agree to such monitoring. At the same time, we do not guarantee we will monitor at all.
Personal, Lawful use
Trading Paints is for personal use only. You may not use Trading Paints to break the law or infringe any person or entity’s intellectual property or any other proprietary rights.
Trading Paints is Not Intended as a Marketplace
Trading Paints is not intended to be a marketplace for any goods or services. Any transactions you undertake are solely your responsibility.
You may not use Trading Paints to conduct transactions for any illegal purposes.
Your Trading Paints Account
To contribute to Trading Paints, you must create an account that includes your name, password, and personal e-mail address ("Your Account"). You may browse public portions of the Trading Paints Showroom without an account.
You are solely responsible for the information associated with Your Account and anything that happens related to Your Account.
You may not authorize others to use Your Account, and you may not license, transfer, sell, or assign it without our express written approval.
Trading Paints Pro
You may also enroll in Trading Paints Pro, our premium membership program, by paying an annual fee. This user agreement applies to Trading Paints Pro members. Trading Paints Pro does not confer any benefits other than those listed on the Trading Paints Pro page. Trading Paints Pro is a membership-based service, and its features are subject to change in the future.
You may also submit your debit or credit card information ("Payment Information") via the website as part of Trading Paints Pro or to purchase other products or services via Trading Paints. Trading Paints may use third party service providers to process your payment information. If you submit your Payment Information, you agree to pay all costs that you incur, and you give us permission to charge you when payment is due for an amount that includes any applicable taxes, fees, and charges to Trading Paints or one of our service providers.
Trading Paints Content
Trading Paints contains graphics, text, images, video, software, code, website compilation, website design, and website advertisements supplied by us or our licensors ("Trading Paints content”). Trading Paints content is protected by intellectual property laws including copyright and other proprietary rights of the United States and foreign countries.
We grant you the right to access the Trading Paints content in the manner described in this agreement. You may not otherwise make unauthorized commercial use of, reproduce, prepare derivative works, distribute copies, perform, or publicly display Trading Paints content, except as permitted by the doctrine of fair use or as authorized in writing by us.
You retain the rights to your copyrighted content or information that you submit to Trading Paints ("User Content") except as described below.
By submitting User Content to Trading Paints, you grant us a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to reproduce, prepare derivative works, distribute copies, perform, or publicly display your User Content in any medium and for any purpose, including commercial purposes, and to authorize others to do so.
You agree that you have the right to submit anything you post, and that your User Content does not violate the copyright, trademark, trade secret or any other personal or proprietary right of any other party.
We take no responsibility for, we do not expressly or implicitly endorse, and we do not assume any liability for any User Content submitted by you to Trading Paints.
Copyright & DMCA
We will respond to legitimate requests under the Digital Millennium Copyright Act ("DMCA"), and we retain the right to remove User Content on Trading Paints that we deem to be infringing the copyright of others. If you become aware of User Content on Trading Paints that infringes your copyright rights, you may submit a properly formatted DMCA request (see 17 U.S.C. § 512) to firstname.lastname@example.org.
Misrepresentations of infringement can result in liability for monetary damages. You should consider consulting an attorney before taking any action pursuant to the DMCA.
Disclaimer of Warranties
Trading Paints is provided "as is" and without warranty of any kind. To the maximum extent permitted by law, we and our affiliates and third party service providers disclaim any and all warranties, express or implied, including (but not limited to) implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, or any other warranty, condition, guarantee or representation, whether oral or electronic. You are solely responsible for any damage to your computer or mobile device, loss of use, or loss of your User Content. We do not guarantee that Trading Paints will always work properly.
Limitation of Liability
We will not be liable for any special, consequential, indirect, incidental, punitive, reliance, or exemplary damages, whether in tort, contract, or any other legal theory, arising out of or in any way connected with this agreement or your use of or attempt to use Trading Paints, including (but not limited to) damages for loss of profits, goodwill, use, or data. This limitation on liability shall not be affected even if we have been advised of the possibility of such damages. Some states do not allow for the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions may not apply to you. You may have other rights that vary from state to state.
You agree to release us, our affiliates, and third-party service providers, and each associated director, employee, agents, and officers, from claims, demands and damages (actual and consequential), of every kind and nature, known and unknown, disclosed or undisclosed, arising out of or in any way connected to your use of Trading Paints.
Severability and Enforcement
If any provision of this user agreement is held invalid or unenforceable, that provision will be modified to the extent necessary to render it enforceable without losing its intent. If no such modification is possible, that provision will be severed from the rest of this agreement.
If we do not enforce any right or provision in this user agreement, that is not to be deemed a waiver of our right to do so in the future.