My Paint Buckets
Software Terms of Service
You should carefully read the following terms and conditions before using this software. By clicking the acceptance button, you are consenting to be bound by and are becoming a party to this agreement
This Agreement governs your use of the software and services provided by My Paint Buckets LLC, and sets forth the terms and conditions of your use of the MyPaintBuckets software. This is a legal agreement between you and My Paint Buckets LLC and incorporates the Privacy Notice at [enter hyperlink]. By registering your use of the Service, you are accepting to be bound by the terms of this Agreement.
1. Introduction
“Administrator” means a Subscriber with authority to designate additional Authorized Users and/or Administrators, and commit the Subscriber to additional services from Licensor.
“Agreement” means this entire user license agreement and incorporates by reference the Privacy Notice located at [hyperlink web page].
“Authorized User” means any individual subscriber or the partners, members, employees, temporary employees, and independent contractors of an organization with a subscription to the Service who have been added to the account as users.
“Confidential Information” means the Content and any information, technical data, or know-how considered proprietary or confidential by either party to this Agreement including, without limitation, Licensor’s research, services, inventions, processes, specifications, designs, drawings, diagrams, concepts, marketing, techniques, documentation, source code, customer information, personally identifiable information, pricing information, procedures, menu concepts, business and marketing plans or strategies, financial information, and business opportunities disclosed by either party before or after the Effective Date of this Agreement, either directly or indirectly in any form whatsoever, including in writing, orally, machine-readable form
“Content” means any information you upload or post to the Service and any information provided by you to Licensor in connection with the Service, including, without limitation, information about your Authorized Users.
“Primary Subscriber” means the Subscriber who initiated the Services offered by Licensor and is assumed by Licensor to have the sole authority to administer the subscription.
“Primary Subscriber” means any software or services provided by Licensor through the MyPaintBuckets software-as-a-service.
“Primary Subscriber” means the purchaser of the Services and shall also include any present or former agent, representative, independent contractor, employee, servant, attorney and any entity or person who has or has had authority to act on your behalf.
“Security Emergency” means a violation by Subscriber of this Agreement that could disrupt Licensor’s provision of the Services, the business of other subscribers or users to the Service, or provides access to the Service to an unauthorized third party
2. Limited License Grant
2.1. Subscriber is granted a non-exclusive, non-transferable, limited license to access and use the Service. Licensor does not review or pre-screen the Content and claims no intellectual property rights with respect to the Content.
2.2. Authorized Users agree not to reproduce, duplicate, copy, sell, resell or exploit access to the Service, use of the Service, or any portion of the Service including, but not limited to the HTML, Cascading Style Sheet (“CSS”) or any visual design elements without the express written permission of Licensor.
2.3. Authorized Users agree not to modify, reverse engineer, adapt or otherwise tamper with the Service or modify another website so as to falsely imply that it is associated with the Service or Licensor.
2.4. Authorized Users agree that they will not knowingly use the Service to upload, post host, or transmit viruses, self-replicating computer programs “Worms” or any code of a destructive or malicious nature.
2.5. Except for the non-exclusive license granted pursuant to this Agreement, Subscriber acknowledges and agrees that all ownership, license, intellectual property and other rights and interests in and to the Service shall remain solely with Licensor.
2.6. It is the responsibility of the Authorized User to determine if the Service being shared is appropriate for each Registered User. Licensor reserves the right, at any time, in its sole discretion, to take any action deemed necessary with respect Content that violates the terms of this Agreement, including, but not limited to, removal of such Content.
2.7. Licensor reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, any feature associated with the Service, with or without notice. Continued use of the Service following any modification constitutes Subscriber’s acceptance of the modification.
2.8. Licensor reserves the right to temporarily suspend access to the Service for operational purposes, including, but not limited to, maintenance, repairs or installation of upgrades, and will endeavor to provide notice prior to any such suspension. Such notice shall be provided to you in advance through by way of notification within the Service, email or other notification method deemed appropriate by Licensor. Further, Licensor shall endeavor to confine planned operational suspensions with a best effort to minimize disruption to the Subscriber, but reserves the ability to temporarily suspend operations without notice at any time to complete necessary repairs. In the event of a temporary suspension, Licensor will use the same notification methods listed in this section to provide updates as to the nature and duration of any temporary suspension.
2.9. Subscriber grants to Licensor a non-exclusive, royalty-free right during Subscriber’s use of the Service, to use the Confidential Information for the sole purpose of performing Licensor’s obligations under the Agreement in accordance with the terms of the Agreement. Such rights shall include permission for Licensor to generate and publish aggregate, anonymized reports on system usage and Content trends and type, provided they do not conflict with [Section 4.1].
3. Access to the Service
3.1. Subscriber is only permitted to access and use the Service if he/she is an Authorized User. Authorized Users are required to provide their full legal name, a valid email address, and any other information reasonably requested by the Service.
3.2. Each Authorized User will be provided with a unique identifier to access and use the Service (“Username”). The Username shall only be used by the Authorized User to whom it is assigned, and shall not be shared with, or used by any other person, including other Authorized Users.
3.3. The initial Administrator shall be the Primary Subscriber with authority to administer the subscription and designate additional Authorized Users and/or Administrators. Each subscription may designate multiple Authorized Users as Administrator. Any Administrator shall be deemed to have the authority to manage the subscription and any Authorized Users. The Administrator will deactivate an active Username if the Administrator wishes to terminate access to the Service for any Authorized User.
3.4. Administrators are responsible for all use of the Service by Authorized Users on the list of active Authorized Users associated with their subscription to the Service.
3.5. As between Licensor and the Subscriber, any Content uploaded or posted to the Service remains the property of the Subscriber. Upon Cancellation or Termination of Service as discussed in [Section 10] below, Licensor shall only be responsible for the return of Content directly to the Administrator or a designated Authorized User in the event that the Administrator is unable to be reached.
3.6. All access to and use of the Service via mechanical, programmatic, robotic, scripted or any other automated means not provided as part of the Service is strictly prohibited.
3.7. Authorized Users are permitted to access and use the Service using an Application Program Interface (“API”) subject to the following conditions: (a) any use of the Service using an API, including use of an API through a third-party product that accesses and uses the Service, is governed by this Agreement; (b) Licensor shall not be liable for any direct, indirect, 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 Licensor has been advised of the possibility of such damages), resulting from any use of an API or third-party products that access and use the Service via an API; (c) excessive use of the Service using an API may result in temporary or permanent suspension of access to the Service via an API. Licensor, in its sole discretion, will determine excessive use of the Service via an API, and will make a reasonable attempt to warn the Authorized User prior to suspension; and (d) Licensor reserves the right at any time to modify or discontinue, temporarily or permanently, access and use of the Service via an API, with or without notice.
4. Confidentiality
4.1. Each party agrees to treat all Confidential Information as confidential and not to use or disclose such Confidential Information except as necessary to perform its obligations under this Agreement.
4.2. Licensor and any third party vendors and hosting partners it utilizes to provide the Service shall hold Content in strict confidence and shall not use or disclose Content except (a) as required to perform their obligations under this Agreement; (b) in compliance with [Section 7] of this Agreement; or (c) as otherwise authorized by you in writing.
