THESE TERMS INCLUDE DISCLAIMERS OF WARRANTIES, DISCLAIMERS OF LIABILITY, AND A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT AFFECT YOUR RIGHTS FOR RESOLVING ANY DISPUTE WITH US, AS WELL AS AN INDEMNIFICATION PROVISION THAT MAKES YOU RESPONSIBLE FOR CERTAIN LOSSES. PLEASE READ THE TERMS CAREFULLY BEFORE YOU START TO USE THE WEBSITES.
By accessing, browsing, submitting information to, and/or using the Websites, you agree and acknowledge on your own behalf (referred to throughout the Terms as “you”) that you have read, understand, and agree to be bound by these Terms and to comply with all applicable laws including, without limitation, all federal, state, and local tax and tariff laws, regulations, and/or directives.
The Websites are intended for users who are at least 18 years old. By accessing or using the Websites, you represent that you are least 18 years old and have the legal right and ability to agree to these Terms and that you have read, understood, and agree to the Terms with the intent to be legally bound by them. If you are using the Websites on behalf of a company, organization, or other entity, you further affirm that you have authority to bind that organization to these Terms, and you agree to be bound by these Terms on behalf of that organization.
If you do not agree to these Terms, please do not use the Websites.
Purpose of the Websites. The Websites are provided solely for informational purposes and the purposes of enabling communication between you and Fingerpaint. The information provided is intended to be general in nature and does not necessarily address all the terms, exclusions, and conditions applicable to our products and services.
License Grant, Restrictions, and Use of the Websites. Subject to your compliance with these Terms, Fingerpaint grants you a limited, personal, nonexclusive, nontransferable, non-sublicensable, and revocable license to access and use the Websites and the data, material, content, or information herein (collectively, the “Content”) solely for your personal use. Your right to access and use the Websites shall be limited to noncommercial purposes unless you are otherwise expressly authorized by Fingerpaint to use the Websites for commercial purposes.
You may not (i) circumvent or disable any content protection system or digital rights management technology used with the Websites; (ii) decompile, reverse engineer, disassemble, or otherwise reduce the Websites or any software or technology provided to you in connection with the Websites to a human-readable form; (iii) remove identification, copyright, trademark, or other proprietary notices from materials provided on the Websites; or (iv) access or use the Websites in an unlawful or unauthorized manner. Any use of the Websites not expressly authorized by these Terms is a breach of these Terms and may violate copyright, trademark, or other laws. You agree to otherwise use the Websites only for lawful purposes, comply with all rules governing any transactions on and through the Websites, and comply with applicable laws.
Prohibited Uses. You agree that you will not:
We reserve the right to monitor your use of the Websites to determine compliance with these Terms.
Violations of system or network security and certain other conduct may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate the Terms.
We may suspend or terminate your access to the Websites for any or no reason at any time without notice.
Feedback. You agree that any comments, suggestions, or feedback you provide regarding your use of the Websites (“Feedback”) will become the exclusive property of Fingerpaint, regardless of the form or platform in which it is delivered. You further agree that Fingerpaint and Fingerpaint’s technical, content, and service providers (“Providers”) may use all or part of your Feedback or any derivative thereof in any manner or media without any remuneration, compensation, or credit to you, including to improve the Websites and create other products and services. You hereby assign to Fingerpaint all right, title, and interest to your Feedback, including all copyrights therein.
Communications With You. Fingerpaint may communicate with you about the Websites, including through one or more third-party email or survey services, via methods determined by Fingerpaint, including through the Websites or contact information you provide as part of the registration process for the Websites. We may send you communications, including to: (i) solicit feedback via email, surveys, bug reports, or other methods Fingerpaint may determine; (ii) collect additional information regarding issues you report in your feedback; (iii) notify you of changes to the Websites or these Terms; and (iv) tell you about future Fingerpaint programs, products, or services. If required by applicable law, we will obtain your consent to do so. Fingerpaint recommends that you keep a copy of any electronic communications we send to you for your records. Fingerpaint may share your contact information with Providers and, to the extent necessary to enable such communications, with other third parties.
Ownership and Intellectual Property Notices. The Websites are owned and operated by Fingerpaint. The Websites and Content are protected by copyrights and trademarks or are subject to other proprietary rights. Accordingly, you acknowledge that Fingerpaint and/or Fingerpaint’s Providers own all right title and interest in the Websites and Content, including (i) all information, data, software, text, displays and visual interfaces, graphics, images, video, and audio, and all other elements of the Websites, and the design, selection, and arrangement thereof; and (ii) all intellectual property and other legal rights (including, but not limited to, any and all copyrights, patents, patent applications, trade secrets, trademarks, and other intangible rights) therein. You are not permitted to use the Websites or Content in any manner except as expressly permitted by Fingerpaint in these Terms, and you will not earn or acquire any ownership rights in any copyrights, patents, trade secrets, trademarks, or other intellectual property rights on account of these Terms or any access to or use of the Websites. The Websites or Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivatives without the express written consent of Fingerpaint or the applicable owner.
You acknowledge and agree that you are solely responsible for complying with the applicable restrictions on use of all Content, copyrighted materials, and trademarks that you see, hear, and use on the Websites. You understand that any unauthorized use of such intellectual property would result in irreparable injury for which money damages would be inadequate. You further acknowledge that, in the event of any such unauthorized use, Fingerpaint or the applicable intellectual property owner will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.
Fingerpaint encourages you to report material or content that you believe warrants removal from the Websites. Questions regarding the use of any intellectual property provided on the Websites should be directed to fingerpaint.com/contact/.
Outside the United States. We make no claims that the Websites or any of their contents are accessible or appropriate outside of the United States. Access to the Websites may not be legal by certain persons or in certain countries.
Disclaimer. YOU EXPRESSLY AGREE THAT ALL INFORMATION OR SERVICES PROVIDED BY FINGERPAINT TO YOU VIA THE WEBSITES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED “AS IS” AND “WHERE IS” AND WITHOUT ANY WARRANTIES OF ANY KIND. FINGERPAINT AND ITS THIRD-PARTY LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, FINGERPAINT AND ITS THIRD-PARTY LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR COVENANT CONCERNING THE ACCURACY, QUALITY, SUITABILITY, COMPLETENESS, SEQUENCE, TIMELINESS, SECURITY, OR AVAILABILITY OF THE WEBSITES, DATA, OR ANY CONTENT POSTED ON OR OTHERWISE ACCESSIBLE VIA THE WEBSITES. YOU SPECIFICALLY ACKNOWLEDGE THAT FINGERPAINT AND ITS THIRD-PARTY LICENSORS ARE NOT LIABLE FOR THE DEFAMATORY, OBSCENE, OR UNLAWFUL CONDUCT OF OTHER THIRD PARTIES OR USERS OF THE WEBSITES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. NEITHER FINGERPAINT NOR ANY OF ITS THIRD-PARTY LICENSORS REPRESENT, WARRANT, OR COVENANT THAT THE WEBSITES WILL BE SECURE, UNINTERRUPTED, OR ERROR-FREE. FINGERPAINT FURTHER MAKES NO WARRANTY THAT THE WEBSITES WILL BE FREE OF VIRUSES, WORMS, OR TROJAN HORSES OR THAT IT WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT OR SOFTWARE. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITES IS AT YOUR SOLE RISK AND THAT FINGERPAINT, ITS AFFILIATES, AND THEIR THIRD-PARTY LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY TERMINATION, INTERRUPTION OF SERVICES, DELAYS, ERRORS, FAILURES OF PERFORMANCE, DEFECTS, LINE FAILURES, OR OMISSIONS ASSOCIATED WITH THE WEBSITES OR YOUR USE THEREOF. YOUR SOLE REMEDY AGAINST FINGERPAINT FOR DISSATISFACTION WITH THE WEBSITES OR THE CONTENT IS TO CEASE YOUR USE OF THE WEBSITES AND/OR THE CONTENT. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS, WHICH VARY BY JURISDICTION. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, YOU AGREE THAT THEY WILL BE LIMITED TO THE GREATEST EXTENT AND SHORTEST DURATION PERMITTED BY LAW.
Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL FINGERPAINT OR ANY OF THEIR AFFILIATES, SUCCESSORS, AND ASSIGNS, OR ANY OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, THIRD-PARTY SERVICE PROVIDERS (INCLUDING THOSE WHO HELP ADMINISTER AND OPERATE THE WEBSITES), AGENTS, AND SUPPLIERS (COLLECTIVELY, “THIRD-PARTY LICENSORS”) BE LIABLE TO YOU OR TO ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF INFORMATION OR PROGRAMS ON YOUR DATA HANDLING SYSTEM, TRANSACTION LOSSES, OPPORTUNITY COSTS, INTERRUPTION OF BUSINESS, OR COSTS OF PROCURING SUBSTITUTE GOODS) RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATING TO THE WEBSITES, OR THE DATA, CONTENT, OR INFORMATION ACCESSED VIA THE WEBSITES OR ANY HYPERLINKED WEBSITES, OR ANY DISRUPTION OR DELAY IN THE PERFORMANCE OF THE WEBSITES, REGARDLESS OF THE FORM OF THE CLAIM OR ACTION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, STATUTE, OR OTHERWISE, AND REGARDLESS OF WHETHER OR NOT SUCH DAMAGES WERE FORESEEN, UNFORESEEN, OR FORESEEABLE, EVEN IF FINGERPAINT OR ITS THIRD-PARTY LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY ACCESSING THE WEBSITES SUBJECT TO THESE TERMS, YOU UNDERSTAND THAT YOU ARE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE, COUNTRY, OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST MATERIALLY AFFECT HIS OR HER SETTLEMENT WITH THE DEBTOR.”
Indemnity. You agree to defend, indemnify, and hold harmless Fingerpaint and its Third-Party Licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms, your use of the Websites (including, but not limited to, any use of the Websites’ Content, services, or products other than as expressly authorized in these Terms or your use of any information obtained from the Websites), your feedback, your violation of any third-party right, including any intellectual property rights, or any rights of publicity, confidentiality, or other property or privacy right, and any claims arising from or alleging fraud, intentional misconduct, gross negligence, or criminal acts committed by you. Fingerpaint reserves the right to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such event, you shall provide Fingerpaint with such cooperation as Fingerpaint reasonably requests.
Termination and Restriction of Access. In its sole discretion, Fingerpaint may terminate or suspend your access to the Websites for any reason, including without limitation where we have reasonable ground to do so based on (i) breach of these Terms; (ii) a request by law enforcement or other government agency; (iii) our discontinuation of or material modification to the Websites; or (iv) an unexpected technical or security issue or problem. To the fullest extent permitted under applicable law, Fingerpaint shall not be liable for any losses or damages arising from any such termination of service.
Arbitration.PLEASE READ THIS SECTION CAREFULLY BECAUSE IT AFFECTS YOUR RIGHTS. BY AGREEING TO BINDING ARBITRATION, YOU WAIVE YOUR RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE.
To expedite and control the cost of disputes, Fingerpaint and you agree that any legal or equitable claim, dispute, action, or proceeding arising from use of the Websites or breach of these Terms, including disputes arising from or concerning their interpretation, violation, invalidity, nonperformance, or termination (“Dispute”), will be resolved by final and binding arbitration, if parties are unable to reach agreement through negotiation of the Dispute. This applies to all Disputes, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, even if the Dispute arises after the termination of these Terms. Arbitration is a less formal proceeding than a lawsuit in a court, does not involve a judge or jury, and may allow for less discovery than in a court. An arbitration is conducted by a neutral arbitrator. An arbitrator can award the same types of relief that a court can, such as damages, but a decision from an arbitrator can be subject to very limited review by a court.
YOU UNDERSTAND AND AGREE THAT YOU AND FINGERPAINT ARE HEREBY WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO JOIN AND PARTICIPATE IN A CLASS ACTION, TO THE FULLEST EXTENT PERMITTED UNDER THE LAW.
If the waiver of class actions above is found unenforceable or this entire section is found unenforceable, then this entire section will be null and void. If that happens, you and Fingerpaint agree that the section below on exclusive jurisdiction and governing law will govern any Dispute.
Governing Law and Exclusive Jurisdiction. These Terms are governed by the laws of the State of New York, USA. You hereby irrevocably consent to the exclusive jurisdiction and venue of the courts in Saratoga Springs, New York, USA, in all disputes arising out of or relating to the use of the Websites.
Changes to These Terms. Fingerpaint may update or change these Terms from time to time to reflect changes in any offered services, changes in the law, or for other reasons as deemed necessary by Fingerpaint. The effective date of any Terms will be reflected in the “Last Revised” entry at the top of these Terms. Your continued use of the Websites after any such change is communicated shall constitute your consent to such change(s).
General. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Fingerpaint as a result of these Terms or use of the Websites. You may not assign these Terms without the prior written consent of Fingerpaint in all instances. Fingerpaint may assign these Terms, in whole or in part, at any time. Fingerpaint’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of Fingerpaint’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Websites or information provided to or gathered by Fingerpaint with respect to such use.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in effect.
Fingerpaint will be excused from performance under these Terms for any period when we were prevented from or delayed in performing any obligations under these Terms, in whole or in part, due to circumstances beyond our reasonable control, including but not limited to acts of God; flood; fire; earthquake; explosion; war; terrorism; invasion; riot or other civil unrest; strikes; labor stoppages or slowdowns or other industrial disturbances; telecommunications, network, computer, server, or internet downtime; unauthorized access to Fingerpaint’s information technology systems by third parties; or passage of law or any action taken by a governmental or public authority, including imposing an embargo.
Fingerpaint’s failure to enforce any provisions of these Terms or respond to a violation by any party does not waive Fingerpaint’s right to subsequently enforce any terms or conditions of the Terms or respond to any violations. Nothing contained in these Terms is in derogation of Fingerpaint’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Websites or information provided to or gathered by Fingerpaint with respect to such uses.
Fingerpaint Contact Information. Fingerpaint values your input. If you have any questions or complaints, would like more information, or need to let us know about anything relating to these Terms, please promptly contact us. Our mailing address is Fingerpaint Marketing, Inc., 395 Broadway, Saratoga Springs, NY 12866.
Last Revised: July 8, 2022