Jose's Painting and More, Inc Terms of Service
Acceptance of Terms of Service
By using, visiting, or browsing any web site or portal published by
Jose's Painting Company and More, Inc, any of its affiliates or subsidiaries
(collectively, "Jose's Painting") (collectively, the "Web Site(s)")
you accept, without limitation or qualification, these Terms of
Service
and agree, without limitation, to the terms of our
Privacy Policy. If you do not agree to these Terms of Service and
our Privacy Policy, please do not use our services or visit our Web
Sites. Acceptance of these Terms of Service constitutes a legal
agreement between you and Jose's Painting.
Changes to Terms of Service
Jose's Painting may at any time revise these Terms of Service. You are
bound by any such revisions and should therefore periodically visit
this page to determine the then current Terms of Service and conditions
to which you are bound. Your use of the Web Sites after changes are
made means you agree to be bound by the Terms of Service and Privacy
Policy of the Web Site you visit as such Terms of Service and Privacy
Policy exist at that time.
Limitations of Use
You must be 18 years of age or older to access our Web Sites or use
our services. By accessing our Web Sites, you agree not to upload,
post, e-mail or otherwise send or transmit any material that
contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications equipment
associated with the Web Sites. You also agree not to interfere with
the servers or networks connected to the Web Sites or to violate any
of the procedures, policies or regulations of networks connected to
the Web Sites, the terms of which are incorporated herein. You also
agree not to impersonate any other person while using the Web Sites,
conduct yourself in an inappropriate, offensive, indecent, or vulgar
manner while using our service or Web Sites, or use the Web Sites
for any unlawful purpose. You further agree to only submit content
to the Web Sites that is (a) owned by you, (b) submitted with the
express permission of the owner or within the scope of the license
to such content, or (c) in the public domain. Jose's Painting
reserves the right to terminate your access to the Web Sites or any
of its services if it determines that you do not comply with these
terms and conditions; provide false, inaccurate, or incomplete
information during our registration process; engage in any conduct
that would otherwise harm any of Jose's Painting's rights or
interests in its Web Sites, services, or other property; or for any
or no reason whatsoever without prior notice to you.
Monitoring and Management of Content of Web Sites
Jose's Painting shall have the right, but not the obligation, to
monitor the content of the Web Sites to determine compliance with
these Terms of Service and any other operating rules established by
Jose's Painting, as well as to determine compliance with applicable
laws, including but not limited to, copyright laws. Jose's Painting
shall have the right in its sole discretion to edit, refuse to post,
block access to, or remove any material submitted to or posted on
the Web Sites that Jose's Painting finds to be in violation of
these Terms of Service or that Jose's Painting believes may violate
laws or the rights of others, including, without limitation, laws
against copyright infringement, and rights of privacy and publicity.
Links
Some of the hyperlinks on the Web Sites may lead to third-party Web
sites. These Web sites are not controlled by, or affiliated with,
Jose's Painting. In addition, other Web sites may link to our Web
Sites. Jose's Painting is not responsible for the content or
privacy policies of these third-party Web sites.
Intellectual Property
The elements of the Web Sites, including, but not limited to, text,
graphics, logos, depictions, designs, photographs, images, digital
downloads, data compilations, sound, video, and software are
protected by United States and international copyright, trademark,
and trade dress laws and are the property of Jose's Painting or its
affiliates. The compilation of the content on the Web Sites is the
exclusive property of Jose's Painting.
Copyrights
The copyright in all materials provided on the Web Sites is owned by
Jose's Painting or its affiliate(s). Except as stated herein, none
of the material contained in the Web Sites may be copied,
reproduced, distributed, republished, downloaded, displayed, posted
or transmitted in any form or by any means including, but not
limited to, electronic, mechanical, photocopying, recording or
otherwise, without the prior written consent of Jose's Painting.
Permission is hereby granted to view, copy, print and download the
materials on the Web Sites for personal, noncommercial use only
provided such materials are used for informational purposes only,
and all copies, or portions thereof, include this copyright notice.
Jose's Painting may revoke any of the foregoing rights at any time.
You may not, without Jose's Painting' prior written consent,
"mirror" any material contained on the Web Sites on any other
server. Upon termination of any rights extended hereunder, you must
immediately destroy any downloaded and printed materials obtained
from a Web Site. Any unauthorized use of any material contained on
the Web Sites may violate copyright laws, trademark laws, the laws
of privacy and publicity, and communications regulations and
statutes.
Notification of Copyright Infringement
If you believe that a work you own and which is protected by
copyright has been used or copied in a way that constitutes
copyright infringement and such infringement is occurring on the Web
Sites or on sites linked to from the Web Sites, please provide
Jose's Painting' Copyright Agent (identified below) a written or
electronic notice ("Notice") containing the following information:
-
your full legal name, as well as your address,
telephone number, and email address;
-
a physical or electronic signature of the person
authorized to act on behalf of the owner of the copyrighted
work(s) that is/are alleged to have been infringed;
-
an identification of the copyrighted work(s) you
claim is/are being infringed;
-
an identification of the material you claim is
infringing and its location;
-
a statement by you that you have a good faith
belief that the disputed use of the copyrighted work(s) is/are
not authorized by you, the copyright owner, its agent, or the
law; and
-
a statement by you, made under penalty of
perjury, that the above information in your Notice is accurate
and that you are the copyright owner or authorized to act on the
copyright owner's behalf.
Copyright Agent:
Name: Jessie Arteaga
Address:
Jose's Painting and More, Inc
2939 Canton Rd
Marietta, GA 30066
Phone: (770) 421-9732
email:
jessie@josespainting.com
THE COPYRIGHT AGENT SHOULD BE CONTACTED ONLY FOR THE
PURPOSE OF NOTIFYING THE COPYRIGHT AGENT THAT YOUR WORK HAS BEEN
USED OR COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT AND
SUCH INFRINGEMENT IS OCCURRING ON THE WEB SITES OR ON SITES LINKED
TO FROM THE WEB SITES.
ANY REQUEST, INQUIRY OR COMMUNICATION THAT IS
SENT TO THE COPYRIGHT AGENT FOR ANY OTHER PURPOSE WILL NOT BE
RESPONDED TO.
Trademarks
The trademarks, service marks and logos ("Trademarks") used and
displayed on the Web Sites are registered or unregistered Trademarks
of Jose's Painting. Nothing on the Web Sites shall be construed as
granting, by implication, estoppel or otherwise any license or right
to use any Trademark displayed on the Web Sites without the prior
written consent of the Trademark owner. The name of Jose's Painting
or any Trademark may not be used in any way including in any
advertising or publicity pertaining to distribution of materials on
the Web Sites without the prior written consent of Jose's Painting.
Jose's Painting prohibits the use of any Jose's Painting logo and
Trademark as a "hot" link to any web site unless establishment of
such link is approved in advance by Jose's Painting in writing.
DISCLAIMER OF WARRANTY
THE MATERIALS CONTAINED ON THE WEB SITES ARE PROVIDED "AS IS"
WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. WE ASSUME
NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE
CONTENT OF THE WEB SITES; ANY FAILURES, DELAYS, OR INTERRUPTIONS IN
THE DELIVERY OF ANY CONTENT CONTAINED ON THE WEB SITES; ANY LOSSES
OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED ON THE WEB
SITES; OR ANY CONDUCT BY USERS OF THE WEB SITES. TO THE FULLEST
EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, Jose's Painting
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATIONS OF RIGHTS.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
SHALL Jose's Painting, ITS OFFICERS, DIRECTORS, OR EMPLOYEES BE
LIABLE (JOINTLY OR SEVERALLY) FOR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT
LIMITED TO, LOSS OF USE, DATA, OR PROFIT, ON ANY THEORY OF
LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR THE
INABILITY TO USE THE MATERIALS ON THE WEB SITES, EVEN IF
Jose's Painting OR A Jose's Painting' REPRESENTATIVE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES
SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY
APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE
UNENFORCEABLE, THEN LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW.
Use of Information Submitted to the Web Sites
Jose's Painting is free to use any comments, information, ideas,
concepts, reviews, or techniques contained in any communication you
may send to the Web Sites without further compensation,
acknowledgement or payment to you for any purpose whatsoever
including, but not limited to, developing, manufacturing and
marketing products and creating, modifying or improving the Web
Sites or other Web Sites. Furthermore, by posting any information on
our Web Sites, you grant us a nonexclusive, royalty-free, worldwide,
perpetual license to display, use, reproduce or modify that
information. Any information submitted on the Web Sites is subject
to the Jose's Painting
Privacy Policy, the terms of which are incorporated herein.
Indemnity
You agree to indemnify, defend and hold harmless Jose's Painting,
its officers, directors, employees, and agents, from and against any
claims, actions, or demands, including, but not limited to,
reasonable legal and accounting fees, alleging or resulting from
your use of the Web Sites or your breach of these Terms of Service.
Jose's Painting shall provide notice to you promptly of any such
claim, suit, or proceeding and shall assist you, at your expense, in
defending any such claim, suit, or proceeding.
Choice of Law
You agree that any issue or dispute arising out of or in connection
with your use of our Web Sites, intellectual property, the Terms of
Service, the Privacy Policy, or any matter concerning Jose's Painting
shall be governed by the laws of the United States and the State of
Ohio. You agree that any such issue or dispute shall be brought
exclusively in the federal or state courts located in Atlanta, GA. If any provision of the
Terms of Service or Privacy Policy is
found to be invalid by any court having competent jurisdiction, the
invalidity of such provision shall not affect the validity of the
remaining provisions of the Terms of Service or Privacy Policy, which
shall remain in full force and effect. By using the Web Sites, you
agree to comply with all applicable laws and regulations, including
export and re-export control laws and regulations of the United
States. The material provided on the Web Sites is protected by law
including, but not limited to, United States copyright and trademark
law and international treaties. Jose's Painting makes no
representation that materials contained in the Web Sites are
appropriate or available for use in other locations and access to
them from territories where their contents are illegal is
prohibited. Those who choose to access the Web Sites from locations
outside the United States do so at their own initiative and are
responsible for compliance with applicable local laws.
Copyright 2005. The Jose's Painting Company. All
rights reserved.