|
PLEASE READ THIS AGREEMENT CAREFULLY. BY USING THIS
WEB SITE YOU AGREE TO ABIDE BY THE TERMS AND CONDITIONS OF,
AND BE LEGALLY BOUND BY, THIS ONLINE USER AGREEMENT AND PRIVACY
POLICY (THIS “AGREEMENT”) BETWEEN YOU AND PINTURA
VENTURES, LLC. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT,
PLEASE DO NOT USE THE WEB SITE.
1. GENERAL INFORMATION.
1.1. Changes. This website is provided
by Pintura Ventures, LLC. Pintura Ventures, LLC reserves the
right, at its discretion, to change the terms of this Agreement
and/or change, suspend, discontinue or modify any aspect of
the web site. Such modifications may include, without limitation,
changes in content, in user priorities, and discontinuance
of functional aspects of the web site. 1.2.
Notices of Changes. We may amend this Agreement at
any time without specific notice to you. The latest Agreement
will be posted on our web site, and you should review this
Agreement prior to using the web site. You agree to review
the terms and conditions of this Agreement periodically to
be aware of such revisions. Additionally, your continued use
of the web site after the posting of any change in the terms
and conditions shall constitute your acceptance to be bound
by the express terms of any such changes. 1.3.
Use of Information or Services. All visitors are
notified and agree that we do not assume any responsibility
for problems and losses experienced by using our web site’s
information or services. If you take action to buy, sell,
or invest after visiting our web site and it causes you to
take an action that results in a loss of money, property,
profits, opportunity costs, or any other loss on your part,
you may not sue us to recover that money (loss). We only provide
a service to independent individual investors, sellers, and
buyers that are each totally responsible for the results of
their own actions. 1.4. Revocable License.
You are hereby granted a non-exclusive, non-transferable,
revocable license (a) to access and use the web site strictly
in accordance with this Agreement; and (b) to use the web
site solely for internal, personal, non-commercial purposes.
We do not represent, or warrant that the web site will be
error-free, free of viruses, or other harmful components,
or that any defects will be corrected. We do not represent,
or warrant that the information available on, or through the
web site will be correct, accurate, timely, useful, complete,
or otherwise reliable.
2. LIMITATIONS ON USE AND USER SUBMISSIONS.
2.1. Copyright and Trademark Notice. All
content of the web site provided by Pintura Ventures, LLC,
including, but not limited to, all text, photos, graphics,
audio, software, presentations in any format and/or video
is copyrighted by Pintura Ventures, LLC. All rights reserved.
No portion of the information or other materials may be
directly or indirectly copied, published, reproduced, modified,
performed, displayed, sold, transmitted, published, broadcast,
rewritten for broadcast or publication or redistributed
in any medium, whether now known or hereafter created. No
portion of the information or other materials may be stored
in a computer or distributed over any network, except that
you may download or print one copy of pages strictly for
personal and non-commercial use. However, any print out
of any page of the web site or portion thereof, must include
Pintura Ventures, LLC copyright notice. Pintura Ventures,
LLC, and its associated logos, page headers, custom graphics,
buttons, and other icons are service marks, trademarks,
registered service marks, registered trademarks, or trade
dress of Pintura Ventures, LLC. All other content, product
names, and company logos are trademarks of their respective
owners. Neither these materials, nor any portion thereof,
may be stored in a computer except as reasonably necessary
for personal and non-commercial use.
2.2. Restricted Use of the Site. You agree
to use the web site for lawful purposes only. You agree
not to post or transmit any information through the web
site which: (a) infringes the rights of others or violates
their privacy or publicity rights, (b) is unlawful, threatening,
abusive, defamatory, libelous, vulgar, obscene, profane,
indecent or otherwise objectionable, or (c) is protected
by patent, copyright, trademark or other proprietary right
without the express permission of the owner of such right.
You shall be solely liable for any damages resulting from
any infringement of patent, copyright, trademark or other
proprietary rights, or any other harm resulting from your
use of the web site.
2.3. Your Submission of Messages. You hereby
grant to Pintura Ventures, LLC a worldwide, royalty-free,
perpetual, irrevocable, non-exclusive right and license
to use, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, perform, display and
use for any purpose all messages or other materials posted
by you on the web site or any e-mail sent by you to Pintura
Ventures, LLC (in whole or in part) and to incorporate any
such messages or other materials or e-mails in any form,
into other media or technology whether now known or hereafter
developed.
2.4. Public Messages. All electronic forums
made available to users of the web site are the sole property
of Pintura Ventures, LLC and are not public forums. You
understand and acknowledge that all information, data, files,
software, music, sound, photographs, graphics, video, messages
or other materials posted by any person or entity other
than Pintura Ventures, LLC (“Third-Party Content”),
whether publicly posted or privately transmitted, are the
sole responsibility of the person from which such Third-Party
Content originated. You assume total liability for all Third-Party
Content that you upload, post, email or otherwise transmit
via the web site. Pintura Ventures, LLC assumes no liability
for any such Third-Party Content. You agree not to use the
web site to:
A. upload, post, e-mail or otherwise transmit
any Third-Party Content that is unlawful, harmful, threatening,
abusive, harassing, tortuous, defamatory, vulgar, obscene,
libelous, invasive of another's privacy, or hateful, or
is racially, ethnically or otherwise objectionable;
B. harm minors in any way;
C. impersonate any person or entity, including,
but not limited to, an official or representative of Pintura
Ventures, LLC, or falsely state or otherwise misrepresent
your affiliation with a person or entity;
D. forge headers or otherwise manipulate
identifiers to disguise the origin of any content transmitted
through the web site;
E. upload, post, e-mail or otherwise transmit
any Third-Party Content that you do not have a right to
transmit under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and
confidential information learned or disclosed as part of
employment relationships or under nondisclosure agreements);
F. upload, post, e-mail or otherwise transmit
any Third-Party Content that infringes any patent, trademark,
trade secret, copyright or other proprietary rights of any
party;
G. upload, post, e-mail or otherwise transmit
any unsolicited or unauthorized advertising, promotional
materials, “junk mail,” “spam,”
“chain letters,” “pyramid schemes,”
or any other form of solicitation;
H. upload, post, e-mail or otherwise 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 or network;
I. interfere with or disrupt the web site
or servers or networks connected to the web site, or disobey
any requirements, procedures, policies or regulations of
networks connected to the web site;
J. intentionally or unintentionally violate
any applicable local, state, national or international law,
including, but not limited to, regulations promulgated by
the U.S. Securities and Exchange Commission, any rules of
any national or other securities exchange, including, without
limitation, the New York Stock Exchange, the American Stock
Exchange or the NASDAQ, and any regulations having the force
of law;
K. “stalk” or otherwise harass
another; or
L. collect or store personal data about
other users.
You acknowledge that Pintura Ventures, LLC does not pre-screen
Third-Party Content, but that Pintura Ventures, LLC and
its designees shall have the right (but not the obligation)
in their sole discretion to refuse or move any Third-Party
Content that is available via the web site. Without limiting
the foregoing, Pintura Ventures, LLC and its designees shall
have the right to remove any Third-Party Content that violates
this Agreement or is otherwise objectionable. You agree
that you must evaluate, and bear all risks associated with,
the use of any Third-Party Content, including any reliance
on the accuracy, completeness, or usefulness of such Third-Party
Content. You acknowledge and agree that Pintura Ventures,
LLC may preserve Third-Party Content and may also disclose
Third-Party Content if required to do so by law or in the
good faith belief that such preservation or disclosure is
reasonably necessary to: (a) comply with legal process;
(b) enforce this Agreement; (c) respond to claims that any
Third-Party Content violates the rights of other third-parties;
or (d) protect the rights, property, or personal safety
of Pintura Ventures, LLC, its users, or the public.
2.5. Linking. Without the prior written
consent of Pintura Ventures, LLC, you may not use any of
Pintura Ventures, LLC proprietary logos, marks, or other
distinctive graphics, video, or audio material in your links.
You may not link to the web site or to any page thereof
or engage in the practice of “deep linking”
in any manner reasonably likely to: (a) imply affiliation
with or endorsement or sponsorship of or by Pintura Ventures,
LLC; (b) cause confusion, mistake, or deception; (c) dilute
Pintura Ventures, LLC trademarks or service marks; (d) otherwise
violate state or federal law; or (e) constitute improper
disparagement or disclosure concerning Pintura Ventures,
LLC or any of its respective affiliates, or their respective
officers, directors, agents, franchises, or Vendors. You
may not frame or otherwise incorporate into another web
site any of the information or other materials on this web
site without the prior written consent of Pintura Ventures,
LLC.
3. ACCESS AND DELAYS IN SERVICES.
Pintura Ventures, LLC, its affiliates, subsidiaries, and
Vendors shall have no responsibility to provide you access
to the web site. Further, Pintura Ventures, LLC, its affiliates,
subsidiaries, and Vendors shall not be liable to you for
any loss or liability resulting, directly or indirectly,
from delays, inaccuracies, errors, omissions or interruptions
of the web site for any reason, including, without limitation,
due to electronic or mechanical equipment failures, telephone
interconnect problems, defects, weather, strikes, walkouts,
fire, acts of God, riots, armed conflicts, acts of war,
acts of terrorism, or to other like causes.
4. MONITORING OF SITE.
You acknowledge that Pintura Ventures, LLC reserves the
right to, and may from time to time, monitor for all lawful
purposes any and all Third-Party Content transmitted or
received through the web site. During monitoring, information
may be examined, recorded, copied, and used for authorized
purposes. All Third-Party Content, including personal information,
placed on or sent over the web site may be monitored. Use
of the web site, authorized or unauthorized, constitutes
consent to such monitoring and to the other terms of this
Agreement.
5. REPRESENTATIONS, WARRANTIES AND LIMITATION OF
LIABILITY.
5.1. General Disclaimer and Limited Warranty.
You acknowledge that certain aspects of the information
on the web site and links provided through the web site
are compiled from sources that may be beyond the control
of Pintura Ventures, LLC. Though such information and links
are recognized by the parties to be generally reliable,
the parties acknowledge that inaccuracies may occur. Pintura
Ventures, LLC, its licensees or affiliates do not warrant
the accuracy or suitability of any such information. Neither
Pintura Ventures, LLC nor its licensees or affiliates represent
or endorse the accuracy or reliability of the information
distributed through the Service. FOR THIS REASON, YOU ACKNOWLEDGE
THAT THE WEB SITE IS PROVIDED TO YOU ON AN “AS IS
WITH ALL FAULTS” BASIS. PINTURA VENTURES, LLC AND
ITS LICENSEES AND AFFILIATES EXPRESSLY DISCLAIM ANY AND
ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY
OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT,
OR ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE OR
COURSE OF DEALING. FURTHER, PINTURA VENTURES, LLC AND ITS
LICENSEES AND AFFILIATES NEITHER REPRESENT NOR WARRANT THAT
THE WEB SITE WILL MEET YOUR REQUIREMENTS OR IS SUITABLE
FOR YOUR NEEDS OR WILL ACHIEVE ANY DESIRED RESULT.
5.2. Errors and Omissions. You assume all
risk of errors and omissions in the web site, including
the transmission or translation of data. You assume full
responsibility for implementing sufficient procedures and
checks to satisfy your requirements for the accuracy and
suitability of the web site, including the information,
and for maintaining any means that you may require for the
reconstruction of lost data or subsequent manipulations
or analyses of the Information provided under this Agreement.
5.3. Viruses. YOU ACKNOWLEDGE AND AGREE
THAT PINTURA VENTURES, LLC USES REASONABLE EFFORTS TO ASSURE
THAT NO VIRUSES OR PROGRAMS WITH SIMILAR FUNCTIONS OPERATE
ON, OR ARE PASSED THROUGH, THE WEB SITE OR THE INFORMATION
ON THE WEBSITE. HOWEVER, YOU HEREBY ASSUME ALL RESPONSIBILITY
(AND THEREBY HOLD PINTURA VENTURES, LLC HARMLESS), BY WHATEVER
MEANS YOU DEEM MOST APPROPRIATE FOR YOUR NEEDS, FOR DETECTING
AND ERADICATING ANY VIRUS OR PROGRAM WITH A SIMILAR FUNCTION.
5.4. LIMITATION OF LIABILITY. YOU AGREE
THAT Pintura Ventures, LLC AND ITS AFFILIATES, SUBSIDIARIES,
AND VENDORS SHALL NOT IN ANY EVENT BE LIABLE FOR ANY SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE
OR INABILITY TO USE THE WEB SITE FOR ANY PURPOSE WHATSOEVER.
THE PROVISIONS CONTAINED IN THIS SECTION SHALL SURVIVE TERMINATION
OF THIS AGREEMENT.
5.5. FTC NOTICE. SOME STATES DO NOT ALLOW
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE
ABOVE LIMITATION MAY NOT APPLY TO YOU. 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. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND
YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
6. INDEMNIFICATION.
YOU SHALL RELEASE, DISCHARGE, AND RELINQUISH, DEFEND, INDEMNIFY,
AND HOLD HARMLESS PINTURA VENTURES, LLC AND ITS AFFILIATES,
SUBSIDIARIES, AND VENDORS, AND EACH OF THEIR MEMBERS, SHAREHOLDERS,
DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, VENDORS,
AND CONTRACTORS OF WHATEVER TIER (COLLECTIVELY, THE INDEMNITEES)
FROM AND AGAINST ALL LOSS, CLAIMS, DEMANDS AND CAUSES OF
ACTION OF WHATEVER KIND OR CHARACTER, INCLUDING WITHOUT
LIMITATION COSTS, ATTORNEYS’ FEES AND EXPENSES INCURRED
IN CONNECTION WITH ANY CLAIM BROUGHT BY ANY PERSON(S) OR
ENTITY(IES) ARISING FROM, IN CONNECTION WITH, OR RELATING
TO, YOUR ACCESS AND USE OF THE WEB SITE, INCLUDING YOUR
USE OF THE INFORMATION OBTAINED THROUGH THE WEB SITE. THE
OBLIGATIONS TO RELEASE, DEFEND AND TO INDEMNIFY CONTAINED
IN THIS SECTION SHALL APPLY EVEN IF CAUSED, IN WHOLE OR
IN PART, BY THE JOINT, SOLE, GROSS OR CONCURRENT NEGLIGENCE,
STRICT LIABILITY, CONTRACTUAL LIABILITIES OF THIRD PARTIES,
OR OTHER FAULT, WHETHER PASSIVE OR ACTIVE, OF ANY PERSON
OR ENTITY, INCLUDING BUT NOT LIMITED TO THE INDEMNITEES,
JOINTLY OR SEVERALLY. YOU SHALL COOPERATE AS FULLY AS REASONABLY
REQUIRED IN THE DEFENSE OF ANY SUCH CLAIM.
7. PRIVACY.
7.1. Privacy. Records of your use of the
web site is the sole property of Pintura Ventures, LLC and
is protected by and subject to the U.S. Electronic Communications
Privacy Act (18 U.S.C.S. § 2701 et seq.), as amended,
or any successor statute. Pintura Ventures, LLC reserves
the right to use such information for its marketing, licensing
and membership endeavors. Your personally identifying information
will not be shared with any third party, with the following
exceptions:
A. Information that Pintura Ventures, LLC
in good faith determines is legally required to be revealed
by any relevant statute, regulation, ordinance, rule, administrative
or court order, decree, or subpoena;
B. Information revealed during the course
of Pintura Ventures, LLC enforcement of the policies and
procedures of the web site, the terms of this Agreement,
or during the course of any disciplinary actions;
C. Information in a manner expressly permitted
by the provisions of this Section;
D. Information that Pintura Ventures, LLC
in good faith determines must be disclosed to correct what
it believes to be false or misleading information or to
address activities that Pintura Ventures, LLC believes to
be manipulative, deceptive or otherwise a violation of law;
or
E. Unless you are otherwise notified at
the time we collect the data. Note also, your electronic
mail address may become public when you participate in web
site electronic forums. We may also conform to the standard
practice of using “cookies” which, when you
sign on to our site, automatically copies a small record
file (“cookie”) to your hard disk.
7.2. Privacy of Minors.
Protecting the privacy of children is especially important.
Pintura Ventures, LLC does not knowingly collect information
about children and will delete any such information that
it discovers or of which it is made aware.
7.3. Nonpublic Personal Information. “Nonpublic
Personal Information” is the nonpublic information
about you that is obtained from you in connection with providing
you a financial product or service such as a loan or mortgage.
Pintura Ventures, LLC and its advertisers may collect nonpublic
personal information from the online forms you complete
in order to obtain the financial product or service, from
information collected as a result of your transactions with
Pintura Ventures, LLC, our advertisers or others, and from
consumer reporting agencies. Pintura Ventures, LLC will
not disclose any nonpublic personal information about our
current or former customers and consumers to anyone, except
as permitted or required by law, or as described below.
We may disclose all of the information we collect about
you to our affiliates who offer related goods and services,
and to nonaffiliated third parties that perform services
on our behalf, including marketing services, or other financial
institutions with whom we have joint marketing agreements.
If we collect nonpublic personal information from you to
provide third-party financial products and services requested
by you, such third-party’s use of your personal information
will be subject to their privacy policy as disclosed to
you by them. We have procedures in place that limit access
to nonpublic personal information to those employees and
other individuals who need to know such information to provide
products and services to you. We will maintain physical,
electronic, and procedural safeguards to protect the confidentiality
of your nonpublic personal information as required by law.
7.4. Other Sites and Their Policies. Other
sites that may be accessed through our web site will have
their own privacy policies and rules. You must ensure that
you agree to these terms when entering their web sites.
We cannot be held liable for any information, or exchange
of data while on any other web site.
8. UNSOLICITED E-MAIL AND DIRECT MARKETING.
8.1. Unsolicited E-mail. Pintura Ventures,
LLC supports responsible e-commerce. Pintura Ventures, LLC
does not authorize anyone to use the web site to broadcast,
distribute, transmit or retransmit unsolicited commercial,
non-commercial, bulk, or junk electronic mail (“SPAM”).
8.2. Electronic Direct Marketing Programs.
Pintura Ventures, LLC may develop and participate in electronic
direct marketing to users of the web site who elect to receive
electronic mail of specific interest to them. In keeping
with this Agreement, Pintura Ventures, LLC does not forward
the names and addresses (electronic or otherwise) to third
parties. Advertisers who participate in Pintura Ventures,
LLC electronic direct marketing programs identify the category
of users who would most likely be interested in their goods
and services. Pintura Ventures, LLC then forwards the advertisements
to users who have elected to receive that category of electronic
mail. Users may elect to not receive similar electronic
mail by requesting that their e-mail address be removed
from the mailing list by selecting the appropriate option
included with each e-mail advertisement sent by Pintura
Ventures, LLC. In addition, users may elect to be removed
from such lists at any time by sending a message to the
System administrator at info@pinturaventures.com.
8.3. Reporting SPAM. Users who receive
SPAM or any threatening or offensive e-mail as a result
of use of the web site, may report it to Pintura Ventures,
LLC by forwarding the unedited message with the full message
header to info@pinturaventures.com
8.4. Reservation of Rights. Pintura Ventures,
LLC reserves the right to take all legal or technical steps
that it deems necessary to prevent the broadcast, distribution,
transmission, or retransmission over the web site of SPAM,
junk e-mail, threatening or offensive e-mail, or e-mail
otherwise determined by Pintura Ventures, LLC, in its sole
discretion, to be objectionable. Pintura Ventures, LLC reserves
the right to suspend or terminate any person or entity’s
use of or access to the web site if it determines, in its
sole and absolute discretion, that such person or entity
has used or intends to use the web site in violation of
this policy. A failure of Pintura Ventures, LLC to exercise
any right provided for herein shall not be deemed to be
a waiver of such right.
9. MISCELLANEOUS
9.1. Governing Law; Limitations; Venue.
The laws of the State of Nevada, excluding any rule or principle
that would refer to and apply the substantive law of another
state or jurisdiction, shall govern this Agreement. To the
extent allowed by applicable law, any claims or causes of
action arising from or relating to your access and use of
the web site as contemplated by this Agreement must be instituted
within two (2) years from the date upon which such claim
or cause arose. Further, any such claim or cause of action
shall be brought EXCLUSIVELY in the state or federal courts
located in Clark County, Nevada and you agree to submit
to the exclusive personal jurisdiction of such courts and
hereby appoint the Secretary of State of Nevada as your
agent for service of process. You agree to waive any objection
that the state or federal courts of Clark County, Nevada
are an inconvenient forum. You acknowledge that we advised
you to consult an attorney about the terms of this agreement.
Each party waives any right it may have to a trial by jury
regarding any dispute arising out of this agreement. You
also waive the provisions of any state law limiting or prohibiting
a general release.
9.2. Assignments. You may not assign any
of your rights, obligations, privileges, or performance
hereunder without the prior written consent of Pintura Ventures,
LLC. Any assignment other than as provided for in this Section
shall be null and void.
9.3. Severability. If any provision of
this Agreement is found to be unlawful or unenforceable
in any respect, the court shall reform such provision so
as to render it enforceable (or, if it is not possible to
reform such provision so as to make it enforceable, then
delete such provision); and, as so reformed or modified,
fully enforce this Agreement.
9.4. U.S. Government Restricted Rights; Export.
The materials on the web site are provided with
“RESTRICTED RIGHTS.” Use, duplication or disclosure
by the Government is subject to restrictions as set forth
in applicable laws and regulations. Use of the materials
by the Government constitutes acknowledgement of Pintura
Ventures, LLC proprietary rights in them. You may not use
or export the information or any other materials in this
web site in violation of U.S. export laws and regulations.
9.5. Termination. Pintura Ventures, LLC
may terminate or suspend your use of the web site for any
reason. Termination or cancellation of your use of the web
site shall not affect any right or relief to which Pintura
Ventures, LLC may be entitled, at law or in equity. Upon
termination or cancellation, all rights granted to you will
terminate and revert to Pintura Ventures, LLC.
9.6. Notice. Official correspondence must
be sent via first class postal mail to:
Pintura Ventures, LLC
3155 E Patrick Lane, Suite 1
Las Vegas, NV 89120
9.7. Entire Agreement. This Agreement
is complete and effective at the time you begin use of the
web site. This Agreement constitutes the entire agreement
between the parties, and no other agreement, written or
oral, exists between you and Pintura Ventures, LLC. In the
event that any inconsistencies exist between this Agreement
and any future published terms or understanding, the last
published Agreement or terms of use shall control.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY
PINTURA VENTURES, LLC |
|