Painopolis Terms of Use

Effective and Last Updated: Nov. 28, 2016

Please read these Terms of Use carefully before using the painopolis.com website, the Painopolis podcast or any information, opinions, communications, data, intellectual property or other material created by, licensed by, copyrighted by, owned by, derived from, published by or affiliated with Painopolis LLC:

This website is owned and operated by Painopolis LLC (“Company” or “we” or “our” or “us”), a limited-liability company organized and incorporated under the laws of the state of Oregon, United States. Company maintains the painopolis.com website (“Site”), Company podcast and related media for general-information and communication purposes only. This webpage contains the Terms of Use governing your (“you” or “your” or “user”) access to and use of the Site and also governing your access to and use of any and all Company-owned, Company-created, Company-copyrighted, Company-derived, Company-published or Company-licensed information, opinions, reviews, ideas, statements, audio, video, recordings, photos, illustrations, graphics, text, interviews, podcast episodes, show notes, videos, comments, forums, social media, live chats, chat rooms, webinars, teleconferences, apps, descriptions, studies, data, design, layout, logo, computer code, printed matter, products, services, ads, materials and other intellectual property (collectively, “Content”) available at (i) the Site, (ii) elsewhere on the Internet (such as, but not limited to, iTunes and Facebook), or (iii) in any or all media or medium, form, format or forum, or technologies now known or later developed throughout the universe. You agree that any person to whom Content is provided indirectly or directly through you will be advised of these Terms of Use, along with our Privacy Policy and Disclaimer, and that each such person is bound by our Terms of Use, Privacy Policy and Disclaimer. Our Terms of Use, Privacy Policy and Disclaimer can be found at painopolis.com. If you do not accept our Terms of Use, Privacy Policy and Disclaimer, or if you do not meet or comply with their provisions, you may not use our Site or Content or both. Our Site and Content are not intended for and should not be used by minors. If you are not 18 or older, you are not authorized to use our Site or Content or both.

You warrant, represent, and covenant to us that:

(i)  You are at least eighteen (18) years of age and possess the legal ability and right to enter into our Terms of Use, Privacy Policy and Disclaimer;

(ii)  You have acquired all necessary authorizations for any and all information, intellectual property or other materials you transmit to us;

(iii)  Your use of our Site or Content or both and your transmitted information, intellectual property or other materials will not and does not infringe on or violate the rights of any third party;

(iv)  You will use our Site or Content or both only for legal purposes and in accordance with our Terms of Use, Privacy Policy and Disclaimer;

(v)  You will be responsible legally, financially and otherwise for your use of our Site or Content or both; and

(vi)  If you create an account, username and/or password to access certain portions of our Site or Content or both, you will be responsible legally, financially and otherwise for all use under your account, username and password.

1.  Overview

YOUR USE OF OUR SITE OR CONTENT OR BOTH IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTING AND AGREEING TO OUR TERMS OF USE, PRIVACY POLICY AND DISCLAIMER. YOUR USE OF OUR SITE OR CONTENT OR BOTH WILL BE DEEMED TO BE ACCEPTANCE OF OUR TERMS OF USE, PRIVACY POLICY AND DISCLAIMER. IF OUR TERMS OF USE, PRIVACY POLICY AND DISCLAIMER ARE NOT COMPLETELY ACCEPTABLE TO YOU, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF OUR SITE AND CONTENT. OUR TERMS OF USE, PRIVACY POLICY AND DISCLAIMER CAN BE FOUND AT PAINOPOLIS.COM.

We may, at any time, for any reason and without notice, make changes to (i) our Site, including its look, feel, sound or format, (ii) our Content, or (iii) our Terms of Use, Privacy Policy or Disclaimer. Any modifications to our Terms of Use, Privacy Policy or Disclaimer will take effect when posted to our Site. Therefore, each time you access our Site or Content, you need to review our Terms of Use, Privacy Policy and Disclaimer upon which the access and use of the Site and Content are conditioned. By your continuing use of our Site or Content or both after changes are posted, you will be deemed to have accepted such changes.

2.  Limitation of Liability

OUR SITE AND CONTENT ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY AND NONINFRINGEMENT, ALL OF WHICH COMPANY EXPRESSLY DISCLAIMS. COMPANY DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, SAFETY, SECURITY, PRECISION, THOROUGHNESS OR RELIABILITY OF THE SITE OR CONTENT, AND COMPANY AND OUR REPRESENTATIVES, OWNERS, SUCCESSORS, DIRECTORS, OFFICERS, SHAREHOLDERS, SUPPLIERS, EMPLOYEES, CONTRACTORS, DISTRIBUTORS, AGENTS, LICENSEES, LICENSORS, ASSIGNS AND PERSONS, COMPANIES AND ORGANIZATIONS ACTING UNDER COMPANY’S PERMISSION OR AUTHORITY WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE SITE OR CONTENT. WE HAVE NO DUTY TO UPDATE THE SITE OR CONTENT. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITE OR CONTENT WILL BE UNINTERRUPTED, ERROR-FREE, BUG-FREE OR PROBLEM-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE SITE OR CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY SITE OR CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN TYPES OF DISCLAIMERS, SUCH AS THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. TO THE EXTENT PERMITTED BY LAW, COMPANY EXCLUDES ALL WARRANTIES.

YOUR USE OF THE SITE OR CONTENT OR BOTH IS AT YOUR OWN RISK. COMPANY AND OUR REPRESENTATIVES, OWNERS, SUCCESSORS, DIRECTORS, OFFICERS, SHAREHOLDERS, SUPPLIERS, EMPLOYEES, CONTRACTORS, DISTRIBUTORS, AGENTS, LICENSEES, LICENSORS, ASSIGNS AND PERSONS, COMPANIES AND ORGANIZATIONS ACTING UNDER COMPANY’S PERMISSION OR AUTHORITY SPECIFICALLY DISCLAIM ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY OR SPECIAL DAMAGES—INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, GOODWILL, USE, DATA, CONFIDENTIALITY, PRIVACY, PROPRIETARY INFORMATION AND OTHER INTANGIBLE LOSSES (REGARDLESS OF WHETHER WE WERE ADVISED OF THE POSSIBILILITY OF SUCH DAMAGES)—ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO, USE OF OR RELIANCE ON THE SITE OR CONTENT OR BOTH (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO, FROM, OR ABOUT THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS, COMMUNICATION-LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE SITE OR CONTENT OR BOTH, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, SOFTWARE OR COMPUTER-CODE FAILURE, VIRUSES, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE SITE OR CONTENT OR BOTH. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF COMPANY AND OUR REPRESENTATIVES, OWNERS, SUCCESSORS, DIRECTORS, OFFICERS, SHAREHOLDERS, SUPPLIERS, EMPLOYEES, VOLUNTEERS, CONTRACTORS, DISTRIBUTORS, AGENTS, LICENSEES, LICENSORS, ASSIGNS AND PERSONS, COMPANIES AND ORGANIZATIONS ACTING UNDER COMPANY’S PERMISSION OR AUTHORITY FOR ANY CLAIMS, CAUSES OF ACTION OR DISPUTES UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID COMPANY TO USE THE SITE OR CONTENT OR $1 (ONE U.S. DOLLAR), WHICHEVER IS GREATER. THE EXISTENCE OF MULTIPLE CLAIMS WILL NOT INCREASE THIS LIMIT.

3.  Access Limitations

The Site and Content are directed to those individuals and entities located in the United States. The Site and Content are not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Site or Content is unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use our Site or Content or both. We make no representation that our Site or Content or both are available outside of the United States. Those who choose to access our Site or Content or both from other locations do so at their own risk and are responsible for compliance with applicable local laws. This Site is operated in the United States, and this Content may be located in the United States. If you are located outside the United States, be aware that any information, intellectual property or other materials you provide to us will be transferred to the United States and/or other countries. By using our Site or Content or both, or by providing us with your information, intellectual property or other materials, you consent to this transfer. Also be aware that any Content you download may be coming from the United States and/or other countries. By using our Site or Content or both, you consent to this downloading.

4.  Scope of Use

We own all title, rights and interest in the Site and in all Company-owned, Company-created and/or Company-copyrighted intellectual property. We grant you a limited, revocable license to access the Site and Content. Only as permitted by law, you are authorized to view, read, listen to, link to and bookmark the Site. Only as permitted by law, if we make available download buttons for some or all of the free Painopolis audio podcasts found on our Site, you are authorized to download those podcast episodes for your informational, noncommercial use, provided that you refrain from modifying, distributing and/or creating derivative works from them, and that you leave all the disclaimer and copyright notices, including copyright management information and other proprietary notices, intact. This authorization is revocable at our discretion and terminates at the time that the Site terminates, and you will have no further right to use the Site or Content or both.

In addition to our free Painopolis podcast episodes, we may offer “premium” Painopolis podcast episodes and/or other intellectual property available for a Painopolis-specified fee, subscription, paid membership, or donation amount. If you choose to purchase, subscribe to or otherwise obtain these premium Painopolis podcast episodes and/or other premium intellectual property, we grant you a limited, revocable license to access the premium podcast episodes and/or other premium intellectual property. Only as permitted by law, you are authorized to download them for your informational, noncommercial use, provided that you refrain from modifying, distributing and/or creating derivative works from them, and that you leave all the disclaimer and copyright notices, including copyright management information and other proprietary notices, intact. This authorization is revocable at our discretion and terminates at the time that the Site terminates, and you will have no further right to use the Site or Content or both.

Aside from the limited, revocable licenses granted in the two preceding paragraphs, no portions of the Site or Content may be copied, duplicated, reproduced, used to create derivative works from, edited, adapted, altered, encoded, printed, published, translated, transcribed, distributed, sold, performed, anthologized, displayed, downloaded, modified, transmitted, reverse engineered or decrypted. The systematic retrieval of data from the Site or Content or both is also prohibited. The commercial use, transmission, modification, adaptation, reproduction, publication and/or distribution of any Company-owned, Company-created and/or Company-copyrighted intellectual property and/or other materials found on our Site and/or in our Content is strictly prohibited without our prior written consent. Exceptions: 1.) If we make available embed codes for some of our free podcast episodes, you are permitted to use those codes to embed those episodes on your own website and/or social media–provided that you identify painopolis.com as the source of the embedded episodes and include a link to the painopolis.com website. 2.) If we make available social-media buttons on our Site, you may take such actions as is enabled by those buttons. 3.) You are permitted to link to our Site. These exceptions are revocable at our discretion and terminate at the time that the Site terminates, and you will have no further right to use the Site or Content or both.

You are responsible for your use of our Site and/or Content. You are also responsible for all information, intellectual property and/or materials that you upload, submit, post or otherwise make available to or through us.

5.  Copyrights and Trademarks

The Site and Content are copyrighted and protected by United States and international copyright laws and treaty provisions. You may use the Site or Content or both only as permitted by law. No right, title or interest in Company, the Site or the Content is transferred to you as a result of accessing or downloading such materials. Using the Site or Content or both does not give you ownership of any intellectual-property rights to Company, the Site or the Content. Except as expressly provided under the “Scope of Use” section above, you may not use, reproduce, copy, store, edit, modify, adapt, alter, encode, create derivative works from, distribute, transmit, print, publish, translate, transcribe, sell, perform, anthologize, publicly display, transfer, operate or license any part of this Site or Content or both without the prior written permission of Company. You agree that any person to whom the Site or Content or both are provided or otherwise made available indirectly or directly through you will be advised of our Terms of Use, Privacy Policy and Disclaimer, and that each such person is bound by our Terms of Use, Privacy Policy and Disclaimer. You may not use any part of this Site or Content or both on any other website or in any or all media or medium, form, format or forum, or technologies now known or hereafter developed throughout the universe without our prior written consent.

6.  Third-Party Ads, Other Third-Party Materials, and Third-Party Venues

We may provide ads, links, information, search results, advertisements, social-media buttons and widgets, and other materials involving third-party websites, information sources, companies, organizations, individuals, products, services, advertisers and other third parties that may be of interest to you. However, Company does not control, recommend or endorse such third-party-involved websites, information sources, companies, organizations, individuals, products, services, advertisers, links, search results, social-media features, or other third parties and is not responsible for their content or actions. Company is not responsible for the accuracy or reliability of any third-party information, data, opinions, ideas, statements, products, services, advertisements, links, search results, intellectual property, social-media features, or other materials provided by or involving these various third parties. Please read the Terms of Use, Privacy Policy and Disclaimer of any third party you may link to or learn about from our Site or Content or both.

If you decide to access information, websites, products, services, advertisements, links, social media, search results, intellectual property or other materials involving or provided by advertisers or other third parties, you do so at your own risk. Company reserves the right to terminate any link or linking program at any time. Company disclaims all warranties, express and implied, as to the accuracy, validity, reliability and legality or otherwise of any information, products, services, links, search results, ads or other offerings provided by or involving third parties. Under no circumstances is Company or our representatives, owners, successors, directors, officers, shareholders, employees, volunteers, licensees, licensors, agents or assigns or persons, companies and organizations acting under Company’s permission or authority liable for any damages arising from the transactions or relationships between you and third-party websites, information sources, companies, organizations, individuals, products, services, advertisers or other third-parties, or for any information, products, services, advertisements, links, social media, search results or other offerings provided by or involving third-party advertisers, websites, persons, companies, organizations or other third-party sources, including those linked to our Site or Content or found on our Site or in our Content.

Some or all of our Content may be displayed on, published on, or otherwise made available through third parties such as, without limitation, other websites, social media, search engines, or other data sources (collectively, “Third-Party Venues”) such as, without limitation, Facebook, Patreon, and iTunes. If you choose to use those Third-Party Venues to access our Content, you do so at your own risk. Company does not control, recommend or endorse such Third-Party Venues and is not responsible for their contents or actions. Those Third-Party Venues may have their own terms of use, privacy policies, and other legal agreements that we strongly encourage you to read. Company disclaims all warranties, express and implied, as to the accuracy, validity, reliability and legality or otherwise of any information, products, services, links, search results, ads or other offerings provided by or involving Third-Party Venues. Under no circumstances is Company or our representatives, owners, successors, directors, officers, shareholders, employees, volunteers, licensees, licensors, agents or assigns or persons, companies and organizations acting under Company’s permission or authority liable for any damages arising from your transactions or relationships with or otherwise use of such Third-Party Venues.

7.  No Unlawful, Unauthorized or Prohibited Use

As a condition of your use of our Site or Content or both, you warrant to us that you will not use our Site or Content or both for any purpose that is unlawful, unauthorized or prohibited by our Terms of Use or Disclaimer. As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful, unauthorized or prohibited by our Privacy Policy. You may not use the Site or Content or both in any manner that could damage, disable, overburden, or impair the Site or Content or interfere with any other party’s use and enjoyment of the Site or Content. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site or Content.

You understand and agree that any unlawful, unauthorized or prohibited use of our Site or Content or any breach or threatened breach of Company’s confidential information or intellectual-property rights may cause irreparable injury to Company and our representatives, owners, successors, directors, officers, shareholders, agents and assigns. You understand and agree that Company and any or all of our representatives, owners, successors, directors, officers, shareholders, employees, licensees, licensors, agents and assigns reserve the right, but do not have the obligation, to take legal action including, without limitation or restriction, notifying law-enforcement agencies or seeking an injunction enjoining any unlawful, unauthorized or prohibited use, or alleged unlawful, unauthorized or prohibited use, of the Site or Content or both, or any breach, threatened breach, or alleged breach of Company’s confidential information or Company’s intellectual-property rights, in addition to any other relief and remedies that Company and any or all of our representatives, owners, successors, directors, officers, shareholders, agents and assigns may be entitled at law and in equity.

For claims, causes of action and disputes involving or allegedly involving the unlawful, unauthorized or prohibited use of the Site or Content or both, or involving or allegedly involving any breach or threatened breach of Company’s confidential information or intellectual-property rights, you understand and agree that Company and any or all of our representatives, owners, successors, directors, officers, shareholders, agents and assigns reserve the right to seek resolution exclusively in a state or federal court of competent jurisdiction sitting in Portland, Oregon, United States, and that you hereby consent irrevocably to the personal and exclusive jurisdiction and venue of such courts for the purpose of litigating any and all such claims, causes of actions and disputes, and that you agree to waive any claim that Portland, Oregon, United States, is an inconvenient or improper forum for any reason.

8.  Donations and Tax Implications

We are a limited-liability, for-profit company, and donations made to Company are not tax-deductible.

9.  Governing Law

Our Terms of Use, Privacy Policy and Disclaimer shall be governed in all respects by the laws of the state of Oregon, United States, without reference to its choice of law rules.

10.  Spamming

Gathering e-mail addresses from Company, our Site or our Content through harvesting or automated means is prohibited. Posting or transmitting unauthorized or unsolicited advertising, branding, promotional materials, mass mailings, junk mail, chain letters or any forms of solicitation to the Site or to other users is prohibited. Inquiries regarding a commercial relationship with Company should be directed to us at info@painopolis.com.

11.  Separate Agreements

You may have other signed, written agreements with Company. Those signed, written agreements are separate and in addition to our Terms of Use, Privacy Policy and Disclaimer. Our Terms of Use, Privacy Policy and Disclaimer do not modify, revise or amend the terms of any other signed, written agreements you may have with Company. If there is any conflict between our Terms of Use, Privacy Policy or Disclaimer and signed, written agreements between you and Company or our representatives, owners, successors, directors, officers, shareholders, employees, agents and assigns, the signed agreements will control.

12.  DMCA Copyright Policy and Copyright Agent

Company respects the intellectual property rights of others. If you believe something on our Site or in our Content has infringed on your intellectual-property rights, please notify our agent and provide the following information:

(i)  A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(ii)  Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

(iii)  Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.

(iv)  Address, telephone number or e-mail address where we may contact you.

(v)  A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and

(vi)  A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our copyright agent David Sharp can be reached at painopolis@gmail.com. Please put “Copyright Agent” in the subject line of your e-mail.

13.  Users Disputes

You are solely responsible for your interactions with other users. Company reserves the right, but has no obligation, to monitor disputes between you and other users. You acknowledge that Company and our representatives, owners, successors, directors, officers, shareholders, suppliers, employees, volunteers, contractors, distributors, agents, licensees, licensors, assigns and persons, companies and organizations acting under Company’s permission or authority are not liable or responsible for defamatory, libelous, slanderous, offensive, inaccurate, objectionable, or illegal words, communications, contents or actions of users, interviewees or third parties. Company and our representatives, owners, successors, directors, officers, shareholders, suppliers, employees, volunteers, contractors, distributors, agents, licensees, licensors, assigns and persons, companies and organizations acting under Company’s permission or authority cannot guarantee the identity of other users or the reliability and accuracy of any information they may provide.

14.  User Submissions and Communications

You acknowledge that you own, are solely responsible for or otherwise control all of the rights to any information (including personally identifiable information and non-personally identifiable information), comment, opinion, image, audio, video, data, technology, media, intellectual property or other materials (collectively, “Submission”) that you submit, post or otherwise provide to Company, the Site or the Content; that your Submission is accurate; that use of the Submission does not violate our Terms of Use, Privacy Policy or Disclaimer and will not cause injury to any person or entity; and that you will defend, indemnify and hold harmless Company and our representatives, owners, successors, directors, officers, shareholders, suppliers, employees, volunteers, distributors, contractors, agents, licensees, licensors, assigns and persons, companies and organizations acting under Company’s permission or authority for any and all claims resulting from any Submission you supply.

If you submit, input or upload any Submission to an area of the Site accessed by or accessible to the general public (“Public Area”), such as comment areas and forums, or to publicly accessible areas of other websites or media owned by Company, you continue to retain all ownership rights in such Submission. However, you automatically represent and warrant that:

(i)  Such Submission is not private, confidential or proprietary;

(ii)  The owner of such Submission has expressly granted Company and our representatives, owners, successors, directors, officers, shareholders, suppliers, employees, volunteers, distributors, contractors, agents, licensees, licensors, assigns and persons, companies and organizations acting under Company’s permission or authority a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive, fully sublicensable right and license to use, copy, backup, store, reproduce, create derivative works from, edit, modify, adapt, alter, encode, print, publish, quote, excerpt, paraphrase, translate, transcribe, display, offer for sale, perform, anthologize and otherwise distribute all or a portion of such Submission in whole or part in any or all media or medium, form, format or forum, or technologies now known or hereafter developed throughout the universe for all purposes including, without limitation, websites, downloadable and/or streaming podcasts, e-books, print, periodicals, audio, audiovisual and/or multimedia presentations and/or broadcasts, trade, advertising, commercial and noncommercial and promotion purposes, without restriction as to changes, alterations or presentation;

(iii)  The owner of such Submission has expressly granted that Company and our representatives, owners, successors, directors, officers, shareholders, employees, agents, licensees, licensors, assigns and persons, companies and organizations acting under Company’s permission or authority may sublicense Company’s rights through multiple tiers of sublicenses;

(iv)  The owner has no right or expectation of compensation for such Submission that you provide to Company, our Site, our Content or to our representatives, owners, successors, directors, officers, shareholders, employees, agents, licensees, licensors, assigns or to persons, companies and organizations acting under Company’s permission or authority;

(v)  Any person and entity pictured, named or described in the Submission has expressly granted Company and our representatives, owners, successors, directors, officers, shareholders, suppliers, employees, volunteers, distributors, contractors, agents, licensees, licensors, assigns and persons, companies and organizations acting under Company’s permission or authority a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive, fully sublicensable right and license to use, backup, copy, reproduce, create derivative works from, edit, modify, adapt, alter, encode, print, publish, quote, excerpt, paraphrase, translate, transcribe, display, sell, perform, anthologize and otherwise distribute all or a portion of such Submission in whole or part in any or all media or medium, form, format or forum, or technologies now known or hereafter developed throughout the universe for all purposes including, without limitation, websites, downloadable and/or streaming podcasts, e-books, print, periodicals, audio, audiovisual and/or multimedia presentations and/or broadcasts, trade, advertising, commercial, noncommercial and promotion purposes, without restriction as to changes, alterations or presentation, and has also expressly granted that Company and our representatives, owners, successors, directors, officers, shareholders, suppliers, employees, volunteers, distributors, contractors, agents, licensees, licensors, assigns and persons, companies and organizations acting under Company’s permission or authority may sublicense Company’s rights through multiple tiers of sublicenses;

(vi)  Any person or entity pictured, named or described has no right or expectation of compensation for the use of this information, intellectual property or other materials;

(vii)  You agree to defend, indemnify and hold harmless Company and our representatives, successors, owners, officers, directors, shareholders, suppliers, employees, volunteers, contractors, distributors, agents, licensees, licensors, assigns and persons, companies and organizations acting under Company’s permission or authority from any and all liability, damages (including, without limitation, punitive, incidental or consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption), losses, claims, disputes, expenses of any kind (including, without limitation, attorneys’ and accountants’ fees), directly or indirectly related to your breach of the Terms of Use, Privacy Policy or Disclaimer, or directly or indirectly related to any Submission that you submit, post or otherwise provide to Company, the Site, the Content or to Company’s representatives, owners, successors, directors, officers, shareholders, suppliers, employees, volunteers, contractors, distributors, agents, licensees, licensors, assigns and/or persons, companies and organizations acting under Company’s permission or authority.

In no event shall Company or our representatives, owners, successors, directors, officers, shareholders, suppliers, employees, volunteers, contractors, distributors, agents, licensees, licensors, assigns or persons, companies and organizations acting under Company’s permission or authority be liable to you or any third party in connection with the Site, the Content or with any Submission that you or any third party submits, posts or otherwise provides to Company, the Site or the Content.

In the event that Company goes through a business transaction, such as an acquisition by another organization, or sale of all or some of its assets, any information, intellectual property or Submission that you submit, post or otherwise provide to Company, our Site or our Content, including Personally Identifiable Information and Non-Personally Identifiable Information, may be among the assets transferred. Company and our representatives, owners, successors, shareholders, officers, directors, employees, distributors, licensees, licensors, agents, assigns and persons, companies and organizations acting under Company’s permission or authority shall have the right to assign, transfer and/or sublicense these Terms of Use, Privacy Policy and Disclaimer, and their rights and obligations hereunder, at any time and for any reason.

We may use and/or share with third parties and the general public for any purpose data that contain users’ Non-Personally Identifiable Information such as, without limitation, marketing, sales, advertising, demographic or other data generated from our Site, our Content, other Company-affiliated websites or other data sources. Likewise, third parties may share with us for any purpose users’ Non-Personally Identifiable Information.

Except as otherwise provided in our Terms of Use, Privacy Policy or Disclaimer, if you submit, post or otherwise provide any business information, idea, concept, invention or intellectual property to Company, our Site, our Content or Company’s representatives, owners, successors, directors, officers, shareholders, suppliers, employees, volunteers, contractors, distributors, agents, licensees, licensors, assigns or persons, companies and organizations acting under Company’s permission or authority by any means of transmission, you automatically represent and warrant that:

(i)  The submitted business information, idea, concept, invention or intellectual property is not confidential, private or proprietary;

(ii)  The owner of such business information, idea, concept, invention or intellectual property has expressly granted Company and our representatives, owners, successors, shareholders, officers, directors, employees, distributors, licensees, licensors, agents, assigns and persons, companies and organizations acting under Company’s permission or authority a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive, fully sublicensable right and license to use, copy, store, reproduce, create derivative works from, modify, adapt, print, publish, edit, quote, excerpt, paraphrase, translate, transcribe, display, sell, perform and otherwise distribute all or a portion of such business information, idea, concept, invention or intellectual property in any or all media or medium, form, format or forum, or technologies now known or hereafter developed throughout the universe for all purposes including, without limitation, websites, downloadable and/or streaming podcasts, e-books, print, periodicals, audio, audiovisual and/or multimedia presentations and/or broadcasts, trade, advertising, commercial, noncommercial and promotion purposes, without restriction as to changes, alterations or presentation;

(iii)  The owner of such business information, idea, concept, invention or intellectual property has expressly granted that Company and our representatives, owners, successors, shareholders, officers, directors, employees, contractors, distributors, licensees, licensors, agents, assigns and persons, companies and organizations acting under Company’s permission or authority may sublicense Company’s rights through multiple tiers of sublicenses;

(iv)  The owner has no right or expectation of compensation for the use of such business information, idea, concept, invention or intellectual property. If you wish to keep any business information, idea, concept, invention or intellectual property confidential, private or proprietary, do not submit, post or otherwise provide it by any means of transmission to the Site, the Content, Company or to Company’s representatives, owners, successors, directors, officers, shareholders, suppliers, employees, volunteers, contractors, distributors, agents, licensees, licensors, assigns or persons, companies and organizations acting under Company’s permission or authority.

You agree not to submit, post or otherwise provide any information, intellectual property or Submission to Company, the Site, the Content or Company’s representatives, owners, successors, directors, officers, shareholders, suppliers, employees, volunteers, contractors, distributors, agents, licensees, licensors, assigns or persons, companies and organizations acting under Company’s permission or authority that: (i) is libelous, slanderous, deceitful, false, inaccurate, fraudulent, threatening, hateful, obscene or harassing; (ii) contains a virus, Trojan horse, worm or any other harmful element; (iii) incorporates copyrighted, confidential, private or proprietary material of any third party without that party’s permission; or (iv) otherwise violates anyone’s rights, any applicable laws or our Terms of Use, Privacy Policy or Disclaimer.

Our social-media elements (including, but not limited to, forums, groups, comments, tweets, webinars, live chats and teleconferences found on the Site and in our Content) may not be moderated. Accordingly, users will be held directly and solely responsible for the contents of messages or other materials that are sent to Company, posted to the Site, added to the Content. While not necessarily moderating the social-media elements, the Site reviewer will periodically perform an administrative review for the purpose of deleting messages that are old, have received few responses, are off topic or irrelevant, serve as advertisements or seem otherwise inappropriate. Company has full discretion to delete messages.

Company reserves the right (but is not obligated) to do any or all of the following:

(i)  Record the audio, video, multimedia and/or text of the dialogue in public chat rooms, teleconferences or anywhere else on the Site and on other Company-owned, Company-operated or Company-branded media. If you participate in the dialogue, you automatically represent and warrant that you have expressly granted Company and our representatives, owners, successors, shareholders, officers, directors, employees, contractors, distributors, licensees, licensors, assigns and persons, companies and organizations acting under Company’s permission or authority a royalty-free, perpetual, irrevocable, worldwide, unlimited, exclusive, sublicensable right and license to use, copy, reproduce, store, create derivative works from, modify, publish, adapt, print, edit, quote, excerpt, paraphrase, translate, transcribe, display, sell, perform, anthologize and otherwise distribute all or a portion of the recorded audio, video, multimedia and/or text in whole or part in any or all media or medium, form, format or forum, or technologies now known or hereafter developed throughout the universe for all purposes including, without limitation, websites, downloadable and/or streaming podcasts, e-books, print, periodicals, audio, audiovisual and/or multimedia presentations and/or broadcasts, trade, advertising, commercial, noncommercial and promotion purposes, without restriction as to changes, alterations or presentation. You also automatically represent and warrant that you have expressly granted that Company and our representatives, owners, successors, shareholders, officers, directors, employees, contractors, distributors, licensees, licensors, agents, assigns and persons, companies and organizations acting under Company’s permission or authority may assign, sublicense or sell Company’s rights through multiple tiers of sublicensees, and that you have no expectation of compensation for the use and/or distribution of such audio, video and/or text recording.

(ii)  Examine an allegation that a communication does not conform to the Terms of Use, Privacy Policy or Disclaimer and determine in our sole discretion to remove or request the removal of the communication.

(iii)  Remove communications that are abusive, illegal, libelous, slanderous, defamatory, intimidating, bullying, obscene, false, misleading, disruptive, offensive, objectionable or that otherwise fail to display civility and courtesy or that fail to conform to our Terms of Use, Privacy Policy or Disclaimer.

(iv)  Review all Submissions prior to publication and to remove any Submission for any reason, at any time, without prior notice, at our sole discretion.

Company and our representatives, owners, successors, directors, officers, shareholders, suppliers, employees, volunteers, contractors, distributors, agents, licensees, licensors, assigns and persons, companies and organizations acting under Company’s permission or authority reserve the right to take any action it deems necessary to protect the personal safety of our users or the public (including notifying law-enforcement agencies). Company and our representatives, owners, successors, directors, officers, shareholders, suppliers, contractors, employees, volunteers, distributors, agents, licensees, licensors, assigns and persons, companies and organizations acting under Company’s permission or authority have no liability or responsibility to users of the Site and/or Content or to any other person or entity for performance or nonperformance of the aforementioned activities.

Company and our representatives, owners, successors, directors, officers, shareholders, contractors, suppliers, employees, volunteers, distributors, agents, licensees, licensors, agents, assigns and persons, companies and organizations acting under Company’s permission or authority are not liable for any personal injury, including death, caused by your use or misuse of the Site or Content.

15.  Termination of Account

Company may terminate your use of the Site and Content if, in our sole discretion, we determine that you have violated or acted inconsistently with the Terms of Use, Privacy Policy or Disclaimer, or with any applicable law, policy or regulation.

16.  Termination of Site or Content

We reserve the right in our sole discretion to terminate access to the Site or Content at any time without notice for any reason whatsoever. Provisions of this agreement that by their nature are intended to survive termination or expiration of this agreement will survive any termination of this agreement, including but not limited to the representations and warranties contained herein.

17.  Captions and Headings

Captions and section headings in our Terms of Use, Privacy Policy and Disclaimer are for convenience only and shall not be used in construing these agreements.

18.  Arbitration

Except as otherwise provided in our Terms of Use, Privacy Policy or Disclaimer, you understand and agree that any claim, cause of action or dispute arising out of or relating to our Terms of Use, Privacy Policy or Disclaimer, or arising out of or relating to our Site or Content shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association. Any such claim, cause of action or dispute shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim, cause of action or dispute of any other party. The arbitration shall be held in Portland, Oregon, United States. You are expressly and irrevocably consenting and submitting in advance to arbitration held in Portland, Oregon, United States, and you agree to waive any claim that Portland, Oregon, United States, is an inconvenient or improper forum for any reason.

A single arbitrator engaged in the practice of law, who is knowledgeable about the subject matter of the agreement, will conduct the arbitration. The arbitrator is bound to apply and enforce our Terms of Use, Privacy Policy and Disclaimer. The arbitrator shall be selected by mutual agreement between the parties. If the parties are unable to agree on an arbitrator within 30 days of being initiated, three arbitrators will conduct arbitration and shall be selected by the following method: each party shall select one person to act as an arbitrator, and the two selected shall select a third arbitrator within 10 days of their appointment to serve as arbitrator.

All information relating to or disclosed by any party in connection with the arbitration of any claim, cause of action or dispute hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties. You shall bear the burden of your own legal fees and any and all other fees and costs incurred in connection with any arbitration proceedings.

Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties.

If you bring litigation or other proceedings against Company or our representatives, owners, successors, directors, officers, shareholders, agents and assigns in violation of the arbitration provisions of these Terms of Use, you agree to pay attorneys’ fees and reasonable costs incurred by Company and our representatives, owners, successors, directors, officers, shareholders, agents and assigns to enforce the arbitration provisions of these Terms of Use.

Nothing in the arbitration provisions of these Terms of Use shall be construed as to limit relief and remedies available pursuant to claims, causes of action and disputes that Company and/or our representatives, owners, successors, directors, officers, shareholders, agents and assigns have under other sections of our Terms of Use, Privacy Policy and Disclaimer, including, without limitation, claims, causes of actions and disputes involving or allegedly involving any unlawful, unauthorized or prohibited use of the Site or Content, or any breach, threatened breach or alleged breach of Company’s confidential information or Company’s intellectual-property rights.

19.  Severability

If any provision of this agreement, or portion thereof, is found unenforceable by a court or competent jurisdiction, the remainder of this agreement shall continue in full force and effect.

20.  Indemnity

You agree to defend, indemnify and hold harmless Company and our representatives, owners, successors, officers, directors, shareholders, employees, volunteers, contractors, suppliers, distributors, agents, licensors, licensees, assigns and persons, companies and organizations acting under Company’s permission or authority from any and all claims, causes of actions, disputes, demands, liabilities or settlements including without limitation, legal and accounting fees, resulting from, or alleged to result from, your use of the Site or Content, or any violation of our Terms of Use, Privacy Policy or Disclaimer.

21.  Accounts and Security

Company does not warrant that the Site and Content will be uninterrupted or error-free, that defects will be corrected or that this service or the servers that makes the Site and Content available will be free of viruses or other harmful components.

In order to fully access our Site and Content, or to conduct financial transactions with us, you may be required to fill out a registration form to create a user account, during which we will collect Personally Identifiable Information about you. As part of the user-account registration process, each user will select a username and password. You shall provide accurate, complete and updated account information. Failure to do so shall constitute a breach of our Terms of Use, which may result in immediate termination of your account.

You may not do any of the following:

(i) Select or use a username or display name of another person with the intent to impersonate that person.

(ii) Select or use a username or display name subject to the rights of any other person without authorization.

(iii) Select or use a username or display name that Company, in our sole discretion, deems inappropriate or offensive.

You shall notify Company of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password.

Any fraudulent or otherwise illegal activity, or any activity that we in our sole discretion deem inappropriate or offensive, may be grounds for termination of your account and your use of the Site and Content, and you may be reported to appropriate law-enforcement agencies.

22.  Assignment

You agree that you will not transfer any of your rights or obligations under this agreement without our prior written consent. We reserve the right to assign our rights and obligations under this agreement in connection with a proposed or actual merger, acquisition, sale of assets (including any transfers made as part of an insolvency or bankruptcy proceeding) involving all or as part of a company reorganization, stock sale, or other change in control, or by operation of law or otherwise without notice to you.

23.  Acknowledgment

You agree that you have read and understood this agreement and have had an opportunity to review it with legal counsel. This agreement has the same force and effect as a signed agreement, and you agree to fully comply with these terms and conditions.

Contact us: If you would like to request additional information regarding our Terms of Use, Privacy Policy and/or Disclaimer, please contact us at info@painopolis.com.