Terms of Use and Privacy Policy

Date last revised 10/11/2006

Ink & Paint, Inc. (“Ink & Paint”) reserves the right to change this Terms of Use and Privacy Policy at any time, so we encourage you to review this Web page periodically. The changes will be effective immediately when posted. Your use or continued use of the Ink & Paint web site, located at www.inkandpaintonline.com (the “Ink & Paint Site”) or purchases from Ink & Paint following the posting of any changes to this policy shall constitute your acceptance of the changed Terms of Use and Privacy Policy. If you do not accept this Terms of Use or Privacy Policy, please do not use the Ink & Paint Site and cancel your registration as directed below.

TERMS OF USE

All of the content on the Ink & Paint Site is subject to copyright, trademark, service mark, trade dress and other intellectual property rights or licenses held by Ink & Paint. Ink & Paint grants you a limited license to access and make personal use of the Ink & Paint Site. You may not use the trademarks, service marks, trade dress and copyrighted material displayed on this website. You may not download (other than page caching) the Ink & Paint Site, or any portion of it, except with express written consent of Ink & Paint. You also may not copy, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from any portion of the Ink & Paint Site.

This license does not include any resale or commercial use of the Ink & Paint Site or its contents; any collection and use of any product listings, descriptions, or prices; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Ink & Paint Site or any portion of the Ink & Paint Site may not be visited or otherwise exploited for any commercial purpose without express written consent of Ink & Paint. You may not frame or utilize framing techniques to enclose any trademark, logo, copyright or other proprietary information (including images, text, page layout, or form) of the Ink & Paint Site without express written consent. You may not use any meta tags or any other "hidden text" utilizing Ink & Paint’s name, domain name or trademarks without the express written consent of Ink & Paint. Any unauthorized use terminates the permission or license granted by Ink & Paint

THE INK & PAINT SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS" WITH NO REPESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE INK & PAINT SITE AND SITE-RELATED SERVICES.

INK & PAINT AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE INK & PAINT SITE, SITE-RELATED SERVICESAND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE INK & PAINT SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE INK & PAINT SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE INK & PAINT SITE AND/OR THOSE SERVICES.

Although Ink & Paint attempts to ensure the integrity and accurateness of the Ink & Paint Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Ink & Paint Site. It is possible that the Ink & Paint Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Ink & Paint Site by third parties. In the event that an inaccuracy arises, please inform Ink & Paint so that it can be corrected.

This agreement is entered into in the State of Georgia and shall be governed by and construed in accordance with the laws of the State of Georgia, exclusive of its choice of law rules. Each party to this agreement submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Gwinnett in the State of Georgia, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce this agreement, the prevailing party will be entitled to costs and attorneys' fees. In the event that any of the provisions of this agreement are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect. This agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto are expressly canceled.

PRIVACY POLICY

Protecting your privacy is important to Ink & Paint. We hope the following statement about the information we collect from the Ink & Paint Site, will help you understand how Ink & Paint collects, uses and safeguards the personal information you provide to us on the Ink & Paint Site.

Collection and Uses of Personal Information:

Ink & Paint collects personally identifiable information about you from information you voluntarily provide when you register, make a purchase or participate in the Ink & Paint Site. General contact information including, but not limited to, your name, address, telephone number, organization name, e-mail address and credit card number are collected. We also might monitor your use of the Ink & Paint Site through your IP address, computer settings or most recently visited URL. Ink & Paint might also collect information you provide to us about other people, for example for a gift recipient. We rely on you to obtain the recipient’s consent to our use of their personal information for the limited purposes of processing, shipping or communicating to the recipient about an order. We also may receive information about you from other sources, such as updated address information. In addition to the initial registration process, Ink & Paint periodically asks customers for personal information, including any survey forms or optional contact forms for additional information on particular products and services.

Ink & Paint uses the personal information gathered from the Ink & Paint Site to complete your requests, such as processing and shipping your orders, and sending you information about Ink & Paint. This information may include, but is not limited to, notifications of new products and services on the Ink & Paint Site. Ink & Paint also uses personal information to help Ink & Paint create a more user-friendly website. In order to periodically make enhancements to the Ink & Paint Site, Ink & Paint will use personal contact information to allow us to gauge the interests, needs and preferences of our customer. We use your IP Address to help diagnose problems with our server and to administer our web site. We might also use your personal information for product development, site tracking and analysis, marketing, advertising and customer support.

Disclosure of Personal Information:
Ink & Paint will not disclose your personally identifiable information to outside parties except: (i) to the extent necessary to provide you with a service you purchased from Ink & Paint, which is provided by a third party under contract with Ink & Paint, (ii) when we believe in good faith that any applicable law, regulation, or legal process requires disclosure; or (iii) when we believe disclosure is necessary to protect or enforce our rights or the rights of another customer. We may also collect customer information on an aggregate basis and disclose the aggregate data to prospective partners or other outside parties. Aggregate customer statistics are not personally traceable to you. We may also provide information to governmental agencies or other companies assisting us in fraud prevention or investigation, when: (1) permitted or required by law; (2) attempting to protect you, another customer or Ink & Paint against actual or threatened fraud; or (3) investigating fraud that has already taken place.

Control of Personal Information:

Ink & Paint uses personal identifiers (such as usernames and passwords) to verify your identity, maintain recordkeeping in our system, and for other purposes. It is your responsibility to safeguard this unique information so as not to allow unauthorized users to view personal information.

Ink & Paint allows you to change or modify the information you have previously provided to us. Upon request, Ink & Paint will also remove your personal information from its database, thereby canceling your registration. Unfortunately, to the extent such information is also stored in other databases, we cannot always ensure that such corrections or deletions will reach the other databases. We will use all reasonable efforts to ensure that your information is removed from or corrected in our records.

The Ink & Paint Site also provides you the opportunity to opt-out of receiving all marketing communications via your e-mail account from our partners or Ink & Paint.

To opt-out of these e-mails, change or modify your personal information or cancel your registration, please send an e-mail to customerservice@inkandpaintonline.com.

Use of Cookies and Other Technology:

A cookie is a message that is sent to your browser from a Web server and stored locally on your hard drive to help you navigate a Web site as easily as possible. We use cookies to recognize when you visit the Ink & Paint Site so that you do not need to re-enter all of your registration data at each connection, as well as to store and track customers’ preferences and uses of the Ink & Paint Site. We also use cookies that contain no personal information. These cookies help us estimate the number of customers using our Ink & Paint Site, determine which areas of the Ink & Paint’s Site are the most appealing and serve targeted advertising. The use of cookies is now common throughout the industry and you will encounter them on most Web sites. You may adjust your browser setting to reject all cookies; however, please note that if you do so, Ink & Paint may prohibit you from participating in certain services or promotions.

The Ink & Paint Site contains links to other Web sites. Ink & Paint. is not responsible for the privacy practices or the content of such Web sites. Please check the privacy policies on the linked site before disclosing information to anyone.

Information about Children:

We do not knowingly collect personally identifiable information from children under the age of sixteen (16) without a parent or guardian’s consent. If a parent or guardian contacts us at customerservice@inkandpaintonline.com to inform us that an underage child has provided us personal information without their consent, Ink & Paint will remove the information about the child from our marketing database.

General Comments on Privacy:

While Ink & Paint has endeavored to create a secure and reliable site for its customers, Ink & Paint cannot ensure or warrant the security or confidentiality of any information customers transmit to and from the Ink & Paint Site. When disclosing any personal information, you should remain mindful that the information is potentially accessible to the public, and consequently, can be collected and used by others without your consent.

You are the ultimate controller of personal information. You are solely responsible for maintaining the secrecy of any password used to log in, and you should always be mindful and responsible whenever disclosing information online Ink & Paint will use all commercially reasonable efforts to safeguard the privacy of your personal information, whether in electronic or tangible form. However, transmissions made by means of the Internet cannot be made completely secure.

Contact Us:

Feel free to contact us at customerservice@inkandpaintonline.com.

California Privacy Rights:

Once a calendar year, California residents who provide personal information in obtaining products or services for household use are entitled to request and obtain from Ink & Paint information about the customer information that we shared, if any, with other businesses for their direct marketing uses, such as the types of information shared and the names and addresses of those businesses for the prior calendar year. To request such information, please contact us at customerservice@inkandpaintonline.com.