Website Terms and Conditions of Use Terms
Notwithstanding anything to the contrary herein, A Painting Fiesta owns, solely and exclusively, all rights, title and interest in and to the Site, all the content (including, but not limited to, audio, photographs, illustrations, graphics, other visuals, video, copy, text, and software), code and date on the Site, including, but not limited to, any copyrights, trademark rights, patent rights, database rights and other intellectual property and proprietary rights therein (collectively, the “Materials”). Your use of the Site does not grant to You ownership of the Materials that You may access on or through the Site.
All references to a “chargeback” refer to a reversal of a credit or debit card charge placed on the Sites and/or at the Services initiated by You. There is no reason for a chargeback to ever be filed. If You feel that Your credit or debit card was used fraudulently on the Sites or at the Services, please contact A Painting Fiesta for immediate resolution.
YOU AGREE THAT YOU WILL NOT CHARGEBACK ANY AMOUNTS CHARGED TO YOUR CREDIT OR DEBIT CARD ON THE SITES OR AT THE SERVICES. IF YOU CHARGEBACK A CREDIT OR DEBIT CARD CHARGE FOR A PAYMENT INITIATED BY YOU OR ANY AUTHORIZED USER OF THE CREDIT OR DEBIT CARD, YOU AGREE THAT A PAINTING FIESTA MAY RECOVER THE AMOUNT OF THE CHARGEBACK IN ADDITION TO FEES BY ANY MEANS DEEMED NECESSARY, INCLUDING, BUT NOT LIMITED TO, RECHARGING YOUR CREDIT OR DEBIT CARD OR HAVING THE AMOUNT RECOVERED BY A COLLECTION AGENCY.
THE MATERIALS ON THE SITE ARE PROVIDED “AS IS”. A PAINTING FIESTA MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, A PAINTING FIESTA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON THE SITE OR ON ANY SITES LINKED TO THE SITE.
IN NO EVENT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL A PAINTING FIESTA BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND OR CHARACTER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION) ARISING OUT OF OR RELATED TO THE USE OR INABILITY TO USE THE SITE OR THE MATERIALS ON THE SITE, EVEN IF A PAINTING FIESTA HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE.
Revisions and Errata
The Materials appearing on the Site may include technical, typographical, or photographic errors. A Painting Fiesta does not warrant that any of the Materials on the Site are accurate, complete, or current. A Painting Fiesta may make changes to the Materials contained on the Site at any time without notice. A Painting Fiesta does not, however, make any commitment to update the Materials.
A Painting Fiesta has not reviewed all of the websites linked to the Site and is not responsible for the content of any such linked websites. The inclusion of any link to a website does not imply endorsement by A Painting Fiesta of such website, and the use of any such linked web site is at Your own risk.