Terms

TERMS OF USE

Welcome to Paint Party Headquarters. Before you can start using this service, you must read and agree to the Terms of Use and Privacy Policy, including any future amendments. By using this website, you signify your consent to these terms of use. If you do not agree to these Terms of Use, please do not use the website.

Paint Party Headquarters Membership

PPHQ Facebook Page, APP, and Website Terms and Conditions of Use

The PPHQ Facebook Page, APP, and Website their Content (defined below) are owned by Texas Art and Soul, Sole Proprietor.  The term “you” refers to the user or viewer of the PPHQ Facebook Page, APP and Website.

Please read these Terms and Conditions (“T&C”) carefully.  You must agree to these T&C and Paint Party Headquarters Rules and Regulation’s before you are permitted to enter any online private forums operated by Paint Party Headquarters (defined below) for any purpose, whether on a Facebook Page, App, Website hosted by Paint Party Headquarters or a third-party website such as facebook.com; use any Paint Party Headquarters  training programs; participate in any Paint Party Headquarters one-on-one or group coaching, class, program, or personal training; participate in any Paint Party Headquarters workshop or challenge; attend any Paint Party Headquarters event or camp; view any Paint Party Headquarters video/paintings; and/or purchase or take part in any future Paint Party Headquarters service or activity, whether now known or unknown (collectively “Paint Party Headquarters Activities”).

If you do not agree with these T&C, you may not use the Paint Party Headquarters Facebook, App, and Website or their Content.

As used in these T&C, the term “Releasees” is defined to include the following: (i) Paint Party Headquarters, Texas Art and Soul, Sole Proprietor, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, coaches, representatives, successors and assigns (collectively, “Paint Party Headquarters”); (ii) any Paint Party Headquarters volunteers; and (iii) Heidi Renea Easley.

The Facebook Page, App, and Website and Content are intended and only suitable for individuals aged 18 and above. Some of their content may not be appropriate for children. Children under the age of 18 are not permitted to use the Facebook Page, App, and Website or Content. Paint Party Headquarters hereby disclaims all liability for use by individuals under the age of 18.

Payment and Refunds

If paying by debit card or credit card, you give us permission to automatically charge your credit or debit card for all fees and charges due and payable to Paint Party Headquarters, without any additional authorization, for which you will receive an electronic receipt.  You also agree that Paint Party Headquarters is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).

In the event that payment is not received by the date due, you will have a three (3) day grace period to make the payment otherwise we reserve the right to terminate your access to the Facebook Page, App and Website and all Content immediately and permanently.

If you fail to make payment in a timely manner in accordance with these T&C or voluntarily decide to withdraw from the Facebook Page, App and Website and Content at any time or for any reason, you will remain fully responsible for the full cost of all payments in any payment plan you choose.

Your satisfaction with the Facebook Page, App, and Website and Content is important to us. However, because of the extensive time, effort, preparation and care that goes into creating and providing the Facebook Page, App, Website and Content, we have a no refund policy. Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payments and no refunds will be provided to you at any time. By using the Facebook Page, App, Website and Content, you understand and agree that all sales are final, and no refunds will be provided.

Since we have a clear and explicit Refund Policy in these T&C that you have agreed to prior to completing your purchase, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company. In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.

Facebook Page, APP, and Website and Content Ownership

The words, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through the Facebook Page, App and Website, any third-party website Paint Party Headquarters may use to distribute or host its content, and contained in e-mails sent to you by Paint Party Headquarters  (collectively, the “Content”) is property of Paint Party Headquarters and/or our affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.

Intellectual Property Rights

Paint Party Headquarters Limited License to You

If you view, purchase or access any Facebook Page, App and Website or any of the Content, you will be considered our Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.

This means you may view, download, print, email and use one copy of individual pages of the Facebook Page, App and Website and Content for your own personal, limited-business purposes only. You may republish, reproduce, duplicate, copy, display, distribute to friends or family, or otherwise use any material from the Facebook Page, APP and Website or Content for your personal commercial purposes or in any way that earns you money. By downloading, printing, or otherwise using the Facebook Page, APP and Website or Content for personal use you in no way assume any ownership rights of the Content – it is still Paint Party Headquarters property.  Any shared or unauthorized use of any materials found on the Facebook Page, APP and Website or Content shall constitute infringement.

You must be a paid member of Paint Party Headquarters before using any of the Facebook Page, APP and Website or Content for your own commercial use or before sharing with others.

The trademarks and logos displayed on the Facebook Page, APP and Website or Content are trademarks belonging to Paint Party Headquarters, unless otherwise indicated. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our written permission.

All rights not expressly granted in these terms or any express written license, are reserved by us.

Unauthorized Use

Your use of any materials found in the Facebook Page, APP and Website or Content other than that expressly authorized in this agreement or by a separate written assignment, is not permitted (“Unauthorized Use”). You agree to pay liquidated damages of five (5) times your total fees paid for access to the Facebook Page, APP and Website and Content in the event of your Unauthorized Use, or a minimum of $5,000 if you did not pay fees for such access, in addition to any legal or equitable remedies Paint Party Headquarters may be entitled to pursue.  This is not a penalty but an agreed liquidated damage charge for the Unauthorized Use.

Your License to Paint Party Headquarters

By posting or submitting any material on or through the Facebook Page, APP and Website such as comments, posts, photos, images or videos or other contributions, you are representing to us that you are the owner of all such materials and you are at least 18 years old. You are also granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display your contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of Paint Party Headquarters current or future Websites and Content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.

You also consent to photographs, videos, and/or audio recordings, including teleconference calls, webinars, or other communications, that may be made by Paint Party Headquarters during Paint Party Headquarters  Activities that may contain you, your voice and/or your likeness. In Paint Party Headquarters sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to Paint Party Headquarters or created by Paint Party Headquarters in connection with your participation in any Paint Party Headquarters  Activities, without compensation to you at any time, now or at any time in the future.

You also grant us, and anyone authorized by us, the right to use your likeness and identify you as the author and individual depicted in any comments, posts, photos, images, videos or other contributions created by you or Paint Party Headquarters, or by name, email address, or screen name, for any purposes, including commercial purposes and advertising. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions on our Facebook Page, App and Website or in our Content at any time for any reason.

This means you give Paint Party Headquarters  permission to use anything you submit or post on the Facebook Page, App and Website or any third-party forum or website operated by Paint Party Headquarters, or anything captured by Paint Party Headquarters during your participation in Paint Party Headquarters Activities, including images in which your face is visible and recognizable.  

Request for Permission to Use Paint Party Headquarters Content

If you wish to use any of Paint Party Headquarters Content, or any other intellectual property or property belonging to us, you should request permission in writing BEFORE you use the Content by completing the “Contact Us” sending an e-mail to [email protected].

If you are granted permission by Paint Party Headquarters, you agree to use the specific Content that Paint Party Headquarters allows and only in the ways for which Paint Party Headquarters has given you its written permission. If you choose to use the Content in ways that Paint Party Headquarters does not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from us, and you agree to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in the Facebook Page, APP and Website and Content.

No Pitching, Selling or Promoting Other Products, Groups, Programs, or Events on the Facebook Page, App and Website

Paint Party Headquarters is a “pitch free zone.”  You agree you will not pitch, promote, market, or sell any other products, groups, programs, or events on the Facebook Page, APP and Website.

This means you agree not to form, or ask Paint Party Headquarters members to join, “shadow” groups based on interests or locality.  You agree not to invite Paint Party Headquarters members to participate in events, such as a seminar, or training without first receiving approval from Paint Party Headquarters.  You agree not to promote or sell products, unless you are authorized or requested to do so by Paint Party Headquarters.

Your Conduct on the Facebook Page, APP, and Website

Please choose carefully the materials that you upload to, submit to, or embed on the Facebook Page, APP and Website and any third-party forums operated by Paint Party Headquarters. Any material you post on the Facebook Page, APP and Website or in any third-party forums operated by Paint Party Headquarters becomes public. You are responsible for your material and for any liability that may result from the material you post.  You participate, comment, and post material at your own risk.  Any communication by you on the Facebook Page, APP and Website and any third-party forums operated by Paint Party Headquarters, whether by leaving a comment, participating in a chat, public or private forum, or other interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene or otherwise in violation of any law or the rights of others.  You agree to post comments or other material only one time.

Paint Party Headquarters, in its discretion, may delete or modify, in whole or part, any post, comment or submission to the Facebook Page, APP and Website and any third-party forums operated by Paint Party Headquarters.  Paint Party Headquarters does not, however, have any obligation to monitor posts, comments, or material submitted by third parties.  Paint Party Headquarters neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on the Facebook Page, APP and Website or any third-party forums operated by Paint Party Headquarters. Paint Party Headquarters shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on the Facebook Page, APP and Website and any third-party forums operated by Paint Party Headquarters.

Paint Party Headquarters always expects our members to be kind and respectful to other members.

You are strictly forbidden from the following:

• Harassing, fighting with, or being disrespectful to other members
• Causing damage to the Facebook Page, APP and Website
• Using the Facebook Page, APP and Website for any unlawful, illegal, fraudulent or harmful purpose or activity
• Using the Facebook Page, APP and Website to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software
• Using the Facebook Page, APP and Website to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes
• Systematically or automatically collecting data from the Facebook Page, APP and Website
• Sharing private and proprietary information from other Paint Party Headquarters members with anyone else

If, in Paint Party Headquarters sole discretion, your conduct on the Facebook Page, APP and Website violates these T&C in any way, you agree that Paint Party Headquarters may immediately and permanently terminate your access to the Facebook Page, APP and Website and Content without refund.

Username and Password

To access certain features of the Facebook Page, APP and Website, including any private membership areas, you may need a username and password. You agree to keep your username and password confidential. During the registration process for any service or product, you agree to provide true, accurate, current and complete information about yourself. If Paint Party Headquarters has reasonable grounds to suspect that you have provided false information, shared your username and password with anyone else, or forwarded any non-public material from the Facebook Page, APP and Website to any other person, Paint Party Headquarters has the right to suspend or terminate your account and refuse any and all current or future use of the Facebook Page, APP and Website or its online material, in whole or part, without refund. Any personally identifiable information you provide as part of the registration process is governed by the terms of the Facebook Page, APP and Website Privacy Policy.

Termination

Paint Party Headquarters reserves the right in its sole discretion to refuse or terminate your access to the Facebook Page, APP and Website and Content, in full or in part, at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Facebook Page, APP and Website or Content affected by such cancellation or termination. The restrictions imposed on you in these T&C with respect to the Facebook Page, APP and Website and its Content will still apply now and in the future, even after termination by you or Paint Party Headquarters.

Personal Responsibility, Assumption of Risk, Disclaimers, and Indemnification

1. You understand that any physical activity by participating in Paint Party Headquarters Membership could have inherently risky and dangerous activities. (EX: paint, scissors, wood, chemicals, etc.) Inherent risks are risks that cannot be eliminated completely regardless of the care and precautions taken by Releasees.
2. You acknowledge that, by engaging with Paint Party Headquarters Membership for Paint Party Headquarters Membership Activities, you voluntarily assume an element of inherent risk, and knowingly and freely assume all risk and responsibility for injuries to any persons or damages to any property, and release, covenant not to sue, and hold Releasees harmless for any and all liability to you, your personal representatives, assigns, heirs and next of kin, for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with your participation in Paint Party Headquarters Membership Activities, whether or not caused by the active or passive negligence of the Releasees.
   
   In the release and hold harmless provision is held unenforceable for any reason, you agree to limit any damages claimed to the total paid to Paint Party Headquarters Membership for Paint Party Headquarters Membership Activities.
3. You represent and warrant to Releasees that you are able to safely participate in Paint Party Headquarters Membership Activities and have no medical condition that would make your participation in Paint Party Headquarters Membership Activities more hazardous.
4. The Facebook Page, APP and Website and Content provide information and education only, and do not provide any financial, or legal services or advice.
5. You agree that Paint Party Headquarters has not made and does not make any representations about the earnings or results you may receive as a result of your use of the Facebook Page, APP and Website or Content. Paint Party Headquarters cannot and does not guarantee that you will achieve any particular result or earnings from your use of the Facebook Page, APP and Website or Content, and you understand that results and earnings differ for each individual.
6. Any links to third-party products, services, or sites are subject to separate terms and conditions. Paint Party Headquarters is not responsible for or liable for any content on or actions taken by such third-party company or website. Although Paint Party Headquarters may recommend third-party sites, products or services, it is your responsibility to fully research such third parties before entering any transaction or relationship with them.
7. Paint Party Headquarters tries to ensure that the availability and delivery of the Facebook Page, APP and Website and Content is uninterrupted and error-free. However, Paint Party Headquarters cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction.
8. THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE FACEBOOK, APP and WEBSITE AND CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PAINT PARTY HEADQUARTERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PAINT PARTY HEADQUARTERS DOES NOT WARRANT THAT THE FACEBOOK, APP, AND WEBSITE OR ANY OF THEIR FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE FACEBOOK, APP, AND WEBSITE, INCLUDING MEMBERSHIP PAGES, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
9. PAINT PARTY BUSINESS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE FACEBOOK PAGE, APP AND WEBSITE, INCLUDING ITS MATERIALS, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE WEBSITE.
10. These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to its conflict of laws. The nearest state and federal court to Dallas, Texas shall have exclusive jurisdiction over any case or controversy arising from or relating to the Facebook, APP, and Website or Content, including but not limited to the Privacy Policy or these Terms. By using the Facebook Page, APP, and Website or Content, you hereby submit to the exclusive jurisdiction and venue of these courts and consent irrevocably to personal jurisdiction in such courts and waive any defense of forum non conventions.
11. Paint Party Headquarters controls and operates the Facebook Page, APP, and Website from offices in the United States. Paint Party Headquarters does not represent that materials on the Facebook Page, APP and Website are appropriate or available for use in other locations. People who choose to access the Facebook Page, APP, and Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
12. You agree to defend, indemnify and hold harmless Paint Party Headquarters and any directors, officers, agents, contractors, partners, assigns, successors-in-interest and its and their employees from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney’s fees) arising from or in connection with: (i) your use of the Facebook Page, APP, and Website or Content in violation of these Terms of Use, (ii) any breach by you of these Terms of Use or any representation and warranty made by you herein, (iii) any comment, post, or material you submit to the Facebook Page, APP, and Website, (iv) your use of materials or features available on the Facebook Page, APP, and Website or Content (except to the extent a claim is based upon infringement of a third-party right by materials created by Paint Party Headquarters) or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
13. You expressly agree that these T&C are intended to be as broad and inclusive as permitted by the law of the State of Texas, and that if any portion is held invalid, it is agreed that it will be severed and the balance shall continue in full legal force and effect. This release is not intended as an attempted release of claims of gross negligence or intentional acts by Releasees. This is the entire agreement of the parties and reflects a complete understanding of the parties with respect to the subject matter. This agreement supersedes all prior written and oral representations.

Paint Party Headquarters may change, modify or update these T&C at any time without notice. Any access or use of the Facebook Page, APP, and Website or Content by you after Paint Party Headquarters posts such changes shall constitute consent of such modifications. If you have any questions or concerns about these Terms, contact [email protected].

By clicking on the box when signing up at Paint Party Headquarters, you are providing the electronic equivalent of your signature and assert that you have read, understood and agreed to this entire document.