Paint By Numbers Terms of Service
Last updated: November 15, 2019
These Terms of Service (“Terms”) apply when you access or use our website, https://paint.dailyinnovation.biz/ (“Website”), our mobile application, Paint By Numbers (“PBN” or “App”), and the services provided through the Website and App (collectively, “Services”). The Service is provided to you by Learnings Co., Ltd. (“LCL”) (“Company,” “we,” “us” and “our”). These Terms explain the terms and conditions that will govern your use of the Services.
By accessing or using our Services, you indicate that you agree to be bound by these Terms. If you do not wish to be bound by these Terms, please do not use the Services.
NOTICE REGARDING DISPUTE RESOLUTION: These Terms contain provisions that govern how claims between you and the Company are resolved (see Section 12 below), including an agreement to arbitrate disputes, which will, subject to limited exceptions, require you to submit claims you have against us to binding arbitration, unless you opt-out of arbitration within 30 days of the date you first agree to these Terms in accordance with Section 12(E). Unless you opt-out of arbitration: (a) you will only be permitted to pursue claims against us on an individual basis, not as part of any class or representative action or proceeding, and (b) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
When you use the Services, you represent that: (a) you are at least 16 years of age (or of the age of consent in your jurisdiction) ,(b) the information you submit is truthful and accurate; (c) your use of the Services do not violate any applicable law or regulation; (d) you are of sufficient legal age or otherwise have legal capacity to legally enter into these Terms.
We may modify these Terms of Service from time to time. We will notify you of material changes to these Terms of Service by posting the amended terms on the Services before the effective date of the changes. In addition, you will be required to accept the new Terms of Service the first time you visit the Service and log in to your user account after the new Terms of Service take effect. If you do not agree with the proposed changes, you should discontinue your use of the Service prior to the time the new Terms of Service take effect. If you continue using the Service after the new terms take effect, you will be bound by the modified Terms of Service.
To access certain features of our Services, you may be required to register for an account with our Services. You can sign up for an account by completing the registration process at when prompted in our App. If you register an account, you agree: (a) to provide true, accurate, current and complete information about yourself, whether provided by entering information in the Service’s registration form or by authorizing your social media account to provide us with your information (the “Registration Data”); (b) to maintain and promptly update the Registration Data to keep it true, accurate, current and complete; and (c) that you will not engage in any of the prohibited activities in Section 5 below.
You agree that you will not share your account login and password and are responsible for maintaining their confidentiality. You assume all responsibility for actions taken under your account, including any financial liability incurred. As part of your member account, you will be able to create a user profile, sync your activity across devices, and access certain features restricted to registered members only.
You agree that you in connection with your use of the Services, you will not:
We do not make any guarantees with respect to the availability of our Services. Our Services may be suspended temporarily without notice to you for security purposes, maintenance or repair, system failures, or other similar circumstances (collectively, “Service Interruptions”). You acknowledge and agree that you are not entitled to a refund or rebate related to such Service Interruptions.
Without limiting any other provision of these Terms, we reserve the right to, in our sole discretion, and without notice or liability, deny access to our Services to any person for any reason, including, without limitation, for engaging in the prohibited activities, breach of any representation, warranty or covenant contained in these Terms, or breach of any applicable law or regulation.
PBN offers certain premium features of the Services which you can purchase as a monthly, yearly or lifetime subscription (“Subscription”). You can find descriptions of the features and benefits associated with the Subscriptions on the App. To purchase a Subscription, you will have to provide a valid, accepted Payment Method (e.g., debit or credit card) to either the Apple App Store or Google Play Store. By submitting such information, you agree and warrant that the Apple App Store or Google Play Store have the right to use or provide the information to third parties for payment processing. You may be subject to additional terms and conditions imposed by Apple or Google.
When you purchase a Subscription, your Subscription will automatically renew based on the term you select (e.g., on a monthly or yearly basis) until terminated. You authorize us to charge your Payment Method up to 24 hours before the end of the current Subscription term. You can cancel your Subscription in your Apple App Store or Google Play Store settings at least 24 hours in advance of the end of your current Subscription term.
Payments for Subscriptions are nonrefundable. We do not provide partial refunds or credits for unused periods. Following any cancellation, however, you will continue to have access to the premium features of the Services associated with the Subscription you purchased through the end of your Subscription term.
We reserve the right to change our Subscription terms or pricing at any time, which we may determine in our sole discretion. Any Subscription terms or pricing changes will not apply retroactively and will only take effect following notice to you.
You may be offered a Free Trial of premium features associated with a paid Subscription. Free Trial eligibility shall be determined by us in our sole discretion, and we may limit eligibility or duration to prevent abuse. At the end of your Free Trial term, your subscription may automatically renew, as stated in the notice that you accept at the time you sign up for the Free Trial.
Notwithstanding the foregoing, if you are a resident of the EU or UK: you have 14 days from the date you signed up for a Subscription to cancel for any reason and receive a refund, provided that we may charge you or withhold from your refund the value of any Subscription used through your account during such period. Please note that if you signed up for a Free Trial, then the 14-day period runs from the date that you signed up for the Free Trial.
To exercise this right, you must inform us of your unequivocal decision to withdraw from your contract by email at email@example.com.
Intellectual Property Rights
Our Services, including the underlying content and information, are protected by copyright, trademarks, and other intellectual property rights under United States and foreign laws and international conventions, which belong to LCL and its licensors. Subject to your compliance with these Terms, LCL grants you a limited, non-exclusive, non-transferable license to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal, non-commercial purposes. LCL reserves all rights in and to the App not expressly granted to you under these Terms. You may not copy the App, except for making one copy for backup or archival purposes. If you make a copy for your own backup or archival purposes, you must retain all trademark, copyright and other proprietary notices contained in and on the Services.
If you submit any ideas, suggestions, feedback, or other content to LCL, you automatically grant to LCL (or warrant that the owner of such information and material has expressly granted to LCL) a royalty-free, worldwide, perpetual, irrevocable, unrestricted, right and license to use, copy, display, perform, modify, adapt, publish, and distribute, or otherwise make available such content (including any associated intellectual property rights), in whole or in part, for any purpose.
Third Party App Stores.
You acknowledge and agree that the availability of the Services may be dependent on third party websites from which you download the Service, e.g., the Apple App Store or Google Play Store (each a “Third Party App Store”). You acknowledge that these Terms of Service are between you and LCL and not with the applicable Third-Party App Store. Each Third-Party App Store may have its own terms and conditions to which you must agree before downloading the Service from it. You agree to comply with, and your license to use the Service is conditioned upon, your compliance with, the applicable Third-Party App Store terms and conditions. To the extent that other terms and conditions from the applicable Third-Party App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms of Service, the more restrictive or conflicting terms and conditions in these Terms of Service will apply.
Third Party Sites.
The Service may contain links to websites operated by third parties (“Third Party Sites”). For example, you may be able to share information with Third Party Sites through links on the Services; however, we do not own or operate the Third-Party Sites, and we have not reviewed, and cannot review, all of the material, including goods or services, made available through Third Party Sites. The availability of these links on the Services does not represent, warrant or imply that we endorse any Third-Party Sites or any materials, opinions, goods or services available on them. Third party materials accessed through or used by means of the Third-Party Sites may also be protected by copyright and other intellectual property laws.
Please Read This Following Clause Carefully — It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court
Initial Dispute Resolution.
We are available by email at firstname.lastname@example.org to address any concerns you may have regarding your use of the Service. Most concerns may be quickly resolved in this manner. Both you and the Company agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
Agreement to Binding Arbitration.
If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to section 11(A) above, then either party may initiate binding arbitration. All claims arising out of or relating to these Terms of Service (including its formation, performance and breach), the parties’ relationship with each other and/or your use of the Service shall be finally settled by binding arbitration administered on a confidential basis by the American Arbitration Association in accordance with the provisions of the Consumer Arbitration Rules of the American Arbitration Association (the “AAA”), excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Service, including, but not limited to, any claim that all or any part of these Terms of Service is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these Terms of Service shall be subject to the Federal Arbitration Act. The seat of the arbitration will be California, United States. THE AAA’S RULES GOVERNING THE ARBITRATION MAY BE ACCESSED AT WWW.ADR.ORG OR BY CALLING THE AAA AT 1.800.778.7879. TO THE EXTENT THE FILING FEE FOR THE ARBITRATION EXCEEDS THE COST OF FILING A LAWSUIT, WE WILL PAY THE ADDITIONAL COST. IF WE ARE REQUIRED TO PAY THE ADDITIONAL COST OF THE FILING FEES, YOU SHOULD SUBMIT A REQUEST FOR PAYMENT OF FEES TO AAA ALONG WITH YOUR FORM FOR INITIATING THE ARBITRATION, AND WE WILL MAKE ARRANGEMENTS TO PAY ALL NECESSARY FEES DIRECTLY TO AAA. THE ARBITRATION RULES ALSO PERMIT YOU TO RECOVER ATTORNEY’S FEES IN CERTAIN CIRCUMSTANCES.
THE PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. THEY FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT.
Class Action and Class Arbitration Waiver.
You and the Company each further agree that any arbitration shall be conducted in your respective individual capacities only and not as a class action or other representative action, and you and the Company each expressly waive your respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section 12(B) shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception - Small Claims Court Claims.
Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of the small claims court’s jurisdiction.
30 Day Right to Opt Out.
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in Sections 12(B) through (D) by sending written notice of your decision to opt-out to the following email: email@example.com. The notice must be sent within thirty (30) days of you first agreeing to these Terms, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.
You agree that federal laws and the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms of Service and any claim or dispute that has arisen or may arise between you and the Company.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. BY OPERATING THE SERVICES, WE DO NOT MAKE ANY REPRESENTATIONS ABOUT OR IMPLY THAT WE ENDORSE ANY USER CONTENT OR CONTRIBUTIONS AVAILABLE ON OR LINKED TO BY THE SERVICES, INCLUDING WITHOUT LIMITATION, CONTENT OR CONTRIBUTIONS HOSTED ON THIRD PARTY SITES. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF THE SERVICE’S CONTENT, THE CONTENT OF ANY SITE LINKED TO THE SERVICES, CONTRIBUTIONS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON OR LINKED TO BY THE SERVICES. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICE, CONTRIBUTIONS, MATERIALS OR ANY OTHER CONTENT THEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS OF SERVICE, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER THEORY OF LIABILITY SHALL NOT EXCEED $50.
Notice to New Jersey Users.
Notwithstanding any terms set forth in these Terms of Service, if any of the provisions set forth in Section 13 are held unenforceable, void or inapplicable under New Jersey law, then any such provision shall not apply to you but the rest of these Terms of Service shall remain binding on you and the Company. In addition, for New Jersey residents, the limitation on liability is inapplicable where attorneys’ fees, court costs, or other damages are mandated by statue. Notwithstanding any provision in these Terms of Service, nothing in these Terms of Service is intended to, nor shall it be deemed or construed to, limit any rights available to you under the Truth-in-Consumer Contract, Warranty and Notice Act.
Notice to California Users.
Under California Civil Code Section 1789.3, users located in California entitled to the following consumer rights notice: If a user has a question or complaint regarding the Service, please send an email to firstname.lastname@example.org. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-125 or (800) 952-5210 .
Digital Millennium Copyright Act Policy.
We follow the notice and take down provisions of the Digital Millennium Copyright Act (the “DMCA”). In addition, we may terminate the account and access rights of any repeat infringer in appropriate circumstances. If you are a copyright owner or the legal agent of a copyright owner, and you believe that any user Contribution on the Service infringes upon your copyrights, you may submit a takedown notification to us by sending an email to email@example.com.
Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of the applicable right or provision.
These Terms of Service operate to the fullest extent permissible by law. If any provision or part of a provision of these Terms of Service is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
No Modifications by Our Employees.
If any of our employees offers to modify the terms of these Terms of Service, he or she is not acting as an agent for us or speaking on our behalf. You may not rely, and should not act in reliance on, any statement or communication from our employees or anyone else purporting to act on our behalf.
If you have any questions about these Terms of Service or your account, please contact us at firstname.lastname@example.org.