Welcome to paintforchange.com ("The Site"). This site is powered
by The Citizens Media ("CM"). CM provides users a means of accessing
and creating on-line resources, including, communications tools, online
forums, personalized content, and programming through its network of sites
(the "Service"). "CM" is a service offered by ISOS Media Ltd.
These terms and conditions concern all use pertaining to sites powered
by CM, with respect to the collection, use, and disclosure of personal
information in connection with paintforchange.com (the "Site").
Acceptance of Terms of Service.
By using the services of the CM and browsing this Site, you agree to
the following Terms of Service ("TOS"). CM may add features
or services ("Additional Services") from time-to-time that
augment or enhance the current Service and post guidelines or rules
applicable to the Additional Services. Any New Services shall be subject
to the TOS, and you agree to be bound by these rules or guidelines. All
such guidelines or rules are hereby incorporated by reference into these
TOS. CM reserves the right to update or modify the TOS from time-to-time
without notice to you. CM will make reasonable efforts to provide you with
notice to these TOS within 14-days of any changes to the Site or Service.
Description of Service.
You understand and agree that the Service is provided "AS-IS"
and that CM assumes no responsibility for the timeliness, deletion,
mis-delivery or failure to store any user communication. Users are
prohibited from posting any material of an obscene nature on the CM
site. Although CM exercises due diligence to ensure that any obscene
content posted by users in violation of the TOS is promptly removed,
users may sometimes come across user-posted obscene content that we have
not yet discovered.
Your Registration Obligations.
In consideration of your use of the Service, you agree to:
If you provide any Registration Data that is untrue, inaccurate, not
current or incomplete, or CM has reasonable grounds to suspect that
such information is untrue, inaccurate, not current or incomplete, CM
has the right to suspend or terminate your account and refuse any and
all current or future use of the Site (or any portion thereof).
provide true, accurate, current and complete information about yourself
as prompted by the Service's registration form (such information being
the "Registration Data").
Citizen's Account Password And Security.
You are responsible for maintaining the confidentiality of the password
and account, and are fully responsible for all activities that occur
under your password or account. You agree to
CM cannot and will not be liable for any loss or damage arising from
your failure to comply with this Section 4.
immediately notify CM of any unauthorized use of your password or account
or any other breach of security; and
ensure that you exit from your account at the end of each session.
You affirm that you are either more than 18 years of age or possess
legal parental or guardian consent and are fully able and competent to
understand, enter into, and comply with these Terms of Service. You also
affirm that you are over 13 years of age. If you are under 13 years of
age, you may not use the Site or the Services.
Registration Data and certain other information about you is subject to
Citizen Conduct and Content.
You understand that all information, data, text, software, music,
sound, photographs, graphics, video, messages or other materials
("Content"), whether publicly posted or privately transmitted
to the Site ("Submission Service"), are the sole responsibility
of the person from which such Content originated. This means that the
Citizen, and not CM, are entirely responsible for all Content that you
upload, post, email or otherwise transmit via the Submission Service. CM
does not control the Content posted via the Submission Service and,
as such, does not guarantee the accuracy, integrity or quality of such
Content. CM, however, reserves the right to edit Content transmitted
through the Submission Service. You understand that by using the
Submission Service, you may be exposed to Content that is offensive,
indecent or objectionable. Under no circumstances will CM be liable
in any way for any Content, including, but not limited to, for any
errors or omissions in any Content, or for any loss or damage of any
kind incurred as a result of the use of any Content posted, emailed or
otherwise transmitted via the Submission Service.
You acknowledge that CM may or may not pre-screen all Content, but that
CM and its designees shall have the right (but not the obligation) in
their sole discretion to refuse or move any Content that is available
via the Service. Without limiting the foregoing, CM and its designees
shall have the right to remove any Content that violates the TOS or is
otherwise objectionable. You agree that you must evaluate, and bear all
risks associated with, the use of any Content, including any reliance
on the accuracy, completeness, or usefulness of such Content. In this
regard, you acknowledge that you may not rely on any Content created by
CM or submitted to CM.
You acknowledge and agree that CM may preserve Content and may also
disclose Content if required to do so by law or to:
comply with legal process;
enforce the TOS;
respond to claims that any Content violates the rights of third-parties; or
protect the rights, property, or personal safety of CM, its users and the public.
You understand that the technical processing and transmission of the
Service, including your Content, may involve
transmissions over various networks; and
changes to conform and adapt to technical requirements of connecting
networks or devices.
Public Content Posted to CM.
With respect to Content you elect to post for inclusion in publicly
accessible areas of CM or that consists of photos or other graphics you
elect to post to any other publicly accessible area of the Service you
elect to post for inclusion, you grant CM the world-wide, royalty free
and non-exclusive license to reproduce, modify, adapt and publish such
Content on the Service solely for the purpose of displaying, distributing
and promoting the specific CM section to which such Content was submitted,
or, in the case of photos or graphics, solely for the purpose for which
such photo or graphic was submitted to the Site. With respect to all
other Content you elect to post to other publicly accessible areas of
the Service, you grant CM the royalty-free, perpetual, irrevocable,
non-exclusive and fully sublicensable right and license to use,
reproduce, modify, adapt, publish, translate, create derivative works
from, distribute, perform and display such Content (in whole or part)
worldwide and/or to incorporate it in other works in any form, media,
or technology now known or later developed.
You agree to indemnify and hold CM, and its subsidiaries, affiliates,
officers, directors, agents, co-branders, licensees or other partners,
CM employees, harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of Content
you submit, post to or transmit through the Service, your use of the
Service, your connection to the Service, your violation of the TOS,
or your violation of any rights of another.
No Resale of Service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit
for any commercial purposes, any portion of the Site, use of the Site,
or access to the Site.
General Practices Regarding Use and Storage.
You acknowledge that CM may establish general practices and limits
concerning use of the Site, including without limitation the maximum
number of days that uploaded Content will be retained, the maximum disk
space that will be allotted on CM servers on your behalf, and the maximum
number of times (and the maximum duration for which) you may access the
Site in a given period of time. You agree that CM has no responsibility
or liability for the deletion or failure to store any messages and
other communications or other Content maintained or transmitted by the
Site. You acknowledge that CM reserves the right to log off accounts
that are inactive for an extended period of time. You further acknowledge
that CM reserves the right to change these general practices and limits
at any time, in its sole discretion, with or without notice.
Modifications to Service.
CM reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part thereof)
with or without notice. You agree that CM shall not be liable to you or
to any third party for any modification, suspension or discontinuance
of the Service.
Termination of Service.
You agree that CM, in its sole discretion, may terminate your password,
account (or any part thereof) or use of the Service, and remove and
discard any Content within the Service, for any reason, including, without
limitation, for lack of use or if CM believes that you have violated
or acted inconsistently with the letter or spirit of these TOS. CM may
also in its sole discretion and at any time discontinue providing the
Service, or any part thereof, with or without notice. You agree that any
termination of your access to the Service under any provision of this
TOS may be effected without prior notice, and acknowledge and agree that
CM may immediately deactivate or delete your account and all related
information and files in your account and/or bar any further access
to such files or the Service. Further, you agree that CM shall not be
liable to you or any third-party for any termination of your access to
Dealings with Advertisers.
Your correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the Service, including
payment and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such dealings,
are solely between you and such advertiser. You agree that CM shall not
be responsible or liable for any loss or damage of any sort incurred as
the result of any such dealings or as the result of the presence of such
advertisers on the Site.
Links to Other Sites.
The Site may provide, or third parties may provide, links to other World
Wide Web sites or resources ("Other Sites"). Because CM has
no control over Other Sites and resources, you acknowledge and agree
that CM is not responsible for the availability of such external sites
or resources, and does not endorse and is not responsible or liable for
any Content, advertising, products, or other materials on or available
from such sites or resources. You further acknowledge and agree that
CM shall not be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection with
use of or reliance on any such Content, goods or services available on
or through any such site or resource.
CM Proprietary Rights.
You acknowledge and agree that the Site and any necessary software used
in connection with the Site ("Software") contain proprietary
and confidential information that is protected by applicable intellectual
property and other laws. You further acknowledge and agree that Content
contained in sponsor advertisements or information presented to you
through the Site or advertisers is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws. Except as
expressly authorized by Site or its advertisers, you agree not to modify,
rent, lease, loan, sell, distribute or create derivative works based on
the Site or the Software, in whole or in part. CM grants you a personal,
non-transferable and non-exclusive right and license to use the object
code of its Software on a single computer; provided that you do not (and
do not allow any third party to) copy, modify, create a derivative work
of, reverse engineer, reverse assemble or otherwise attempt to discover
any source code, sell, assign, sublicense, grant a security interest in
or otherwise transfer any right in the Software. You agree not to modify
the Software in any manner or form, or to use modified versions of the
Software, including (without limitation) for the purpose of obtaining
unauthorized access to the Service. You agree not to access the Service
by any means other than through the interface that is provided by CM
for use in accessing the Service.
Disclaimer of Warranties.
You expressly understand and agree that:
Your use of the Site is at your sole risk. The Site is provided on an
"as is" and "as available" basis. CM expressly
disclaims all warranties of any kind, whether express or implied,
including, but not limited to the implied warranties of merchantability,
fitness for a particular purpose and non-infringement.
CM makes no warranty that
the portal will meet your requirements,
the portal will be uninterrupted, timely, secure, or error-free,
the results that may be obtained from the use of the portal will
be accurate or reliable,
the quality of any products, services, information, or other material
purchased or obtained by you through the portal will meet your
any errors in the software will be corrected
Any material downloaded or otherwise obtained through the use of the
portal is done at your own discretion and risk and that you will be
solely responsible for any damage to your computer system or loss of
data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from
CM or through or from the service shall create any warranty not expressly
stated in the TOS.
Limitation of Liability.
You expressly understand and agree that CM shall not be liable for any
incidental, special, consequential or exemplary damages, including but
not limited to, damages for loss of profits, goodwill, use, data or other
intangible losses (even if CM has been advised of the possibility of
such damages), resulting from:
the use or the inability to use the service;
the cost of procurement of substitute goods and services resulting
from any goods, data, information or services purchased or obtained
or messages received or transactions entered into through or from
unauthorized access to or alteration of your transmissions or data;
statements or conduct of any third party on the service; or
any other matter relating to the service.
Exclusions and Limitations.
Some jurisdictions do not allow the exclusion of certain warranties or
the limitation or exclusion of liability for incidental or consequential
damages. Accordingly, some of the above limitations of Sections
17 and 18 may not apply
Special Admonition for Services Relating To Financial Matters.
If you intend to create or join any service, receive or request any
news, messages, alerts or other information from the Service concerning
companies, stock quotes, investments or securities, please read the
above Sections 17 and 18 again.
They go doubly for you. In addition, for this type of information particularly,
the phrase "Let the investor beware" is apt. The Service is provided
for informational purposes only, and no Content included in the Service is
intended for trading or investing purposes. CM shall not be responsible or
liable for the accuracy, usefulness or availability of any information transmitted
via the Service, and shall not be responsible or liable for any trading
or investment decisions made based on such information.
Notices to you may be made via either email or regular mail. The Site may
also provide notices of changes to the TOS or other matters by displaying
notices or links to notices to you generally on the Service.
CM, the CM logo, taglines, other CM product and service names are
registered or unregistered trade-marks of CM and its parent company (The
"CM Marks"). You agree not to display or use the CM Marks in
any manner without the express permission of CM.
Please report any violations of TOS to