TERMS OF USE

Before registering Saint Paint Studio or using Saint Paint Studio services, you must read and agree to this Terms of Use and the Saint Paint Studio Privacy Policy, including any future amendments (collectively, the "Agreement"):

• Saint Paint Studio Terms of Use
• Saint Paint Studio Privacy Policy - Please review the Privacy Policy before using any Saint Paint Studio Services. Do not use the Services if you are unwilling to accept the terms of the Privacy Policy.

These Terms of Use apply for all Saint Paint Studio software, Saint Paint Studio websites, products and services (collectively, Saint Paint Studio "Services"). By using any one of the Services, you are agreeing to the terms and conditions provided below.

Note: SAINT PAINT STUDIO IS NOT SPYWARE OR ADWARE. NO POPUP ADS WILL APPEAR WITH THE SERVICES.

You must be at least 18 years of age in order to agree to the terms of this Agreement and to download the Services. IF YOU ARE UNDER THE AGE OF 18, A PARENT OR GUARDIAN MUST DOWNLOAD IT FOR YOU.

This Agreement addresses the following:

• Contact Information
• Description of Saint Paint Studio Services
• Acceptable use of Services
• Sites with Registration
• Passwords and Security
• Data Security Practices
• Uninstallation of Software applications
• Intellectual Property Rights
• License to Access Content on the Author's Sites
• Notice and Consent
• Termination of Services
• Information Disclaimer and Disclaimer of Warranties
• Limitation Of Liability
• Indemnification
• General Provisions
• Last Updated

Contact Information

Mark Judge is the author of Saint Paint Studio (refered to as "Author" in this Agreement). The Author can be contacted at:

291B King Street,
Hammersmith,
London,
W69NH 

E-mail: mark@saintpaint.com

Description of Saint Paint Studio Services

Saint Paint Studio Websites:

Saint Paint Studio websites are provided on an AS IS and AS AVAILABLE basis. The Author disclaims any and all responsibility and liability for the availability, timeliness, security or reliability of the Services. The Services consist of information about the Saint Paint Studio software, and methods to download and purchase the software.

Saint Paint Studio:

Saint Paint Studio allows you to view and edit images and animations on your computer in a variety of file formats.

Acceptable Use of Services

You shall not use the Services to create, upload, transmit, distribute, or store material that:

• Violates a trademark, copyright, trade secret or other intellectual property rights of others
• Violates the privacy, publicity or other personal rights of others
• Prevents another from using the Services
• Impairs the privacy of communications
• Contains obscene, offensive or inappropriate content
• Constitutes pornography
• May be threatening, abusive or hateful
• Violates export control laws or regulations
• Encourages conduct that would constitute a criminal offense or give rise to civil liability
• Causes technical disturbances to the Services, including, but notlimited to, adware, spyware, introduction of viruses, worms or other destructive elements
• Assists or permits any persons in engaging in any of the activities described above
• Involves deceptive on-line marketing
• Violates this Agreement, as it may be revised from time to time

If you become aware of any such activities, you are obligated to immediately notify the Author and take all other appropriate actions to cause such activities to cease. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. You agree that you will use the Services in compliance with all applicable local, state, national, and international laws, rules and regulations. The Author reserves the right, but shall have no obligation, to investigate your use of the Services in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.

Registration for Certain Services

Certain Saint Paint Studio Services may require you to register in order to obtain service. Registration is available to anyone of legally permissible age, as specified above.

Passwords and Security

Certain Services may require selection of a user name and password. You agree not to:

• select or use a screen name of another person with the intent to impersonate that person
• use a name subject to the rights of any person without their authorization
• use a screen name that would be offensive or objectionable to people of ordinary sensitivities, or is otherwise illegal, or infringing
• attempt any unauthorized use or breach of security or allow others to do so

Data Security Practices

No personal information is captured, and the user is not tracked in any way while using Saint Paint Studio.

No other functionality other than that of Saint Paint Studio will be installed without the clear acceptance of the user. Any additional installations accepted by the user may have their own Terms of Use and Privacy Policy. If these installations are by a third party, the Author is in no way responsible or liable for their installation or use.

Updates to Saint Paint Studio will be detected automatically by the software, by accessing an information file on the Author's internet site. Upon detection the user will be asked whether they would like to install the update.

Saint Paint Studio's Trial Window (which appears only during the trial period, before purchase) may introduce optional links to products only by the same author, or products relating to them.

Uninstallation of Saint Paint Studio

If you decide that you no longer wish to use Saint Paint Studio, you may easily uninstall it. Saint Paint Studio comes with an uninstaller which can be found in Saint Paint Studio's entry in the Programs folder of the Windows Start Menu, or you can uninstall using the Add/Remove Programs function within Windows.

Intellectual Property Rights

You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, perform, display, license, reverse engineer or create derivative works based on the services or of any content (including any software) available throughout the Services.

All content owned and operated by Saint Paint Studio and all 3rd party content is the exclusive intellectual property of its owner and is protected as such.

License to Access Content on the Author's Sites

The Author grants you a personal, nonexclusive, non-assignable and nontransferable license to use the Services as permitted under this Agreement.

All rights not expressly granted to you by the foregoing sentence are reserved by the Author.

Notice and Consent

All comments, suggestions, and feedback are welcome.

Please note by making any submission, you grant the Author and third parties permission to use and incorporate your ideas or comments into Saint Paint Studio Services without compensation of any kind to you.

Termination of Services

The Author may terminate Services at any time, or remove, discard or modify any part of the Services, for any reason, or 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.

Saint Paint Studio shall not be liable for any such suspension, discontinuation or termination of the Services or your access to the Services.

Information Disclaimer and Disclaimer of Warranties

SAINT PAINT STUDIO SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NO CONTENT IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, WHETHER MEDICAL, FINANCIAL, LEGAL OR OTHERWISE. SAINT PAINT STUDIO AND THOSE POSTING OR OTHERWISE PROVIDING INFORMATION, SERVICES OR MATERIAL ON THE AUTHOR'S SITES ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES OR OTHER MATERIAL ON THE AUTHOR'S SITES.

YOUR USE OF SAINT PAINT STUDIO SERVICES IS AT YOUR SOLE RISK. SAINT PAINT STUDIO SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SAINT PAINT STUDIO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

SAINT PAINT STUDIO MAKES NO REPRESENTATION OR WARRANTY THAT SAINT PAINT STUDIO SERVICES WILL MEET YOUR REQUIREMENTS, THAT SAINT PAINT STUDIO SERVICES WILL BE UNINTERRUPTED, SECURE, CURRENT OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SAINT PAINT STUDIO SERVICES WILL BE ACCURATE, TIMELY, USEFUL OR RELIABLE, OR THAT THE QUALITY OF ANY POSTINGS, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH SAINT PAINT STUDIO SERVICES WILL MEET YOUR NEEDS.

ANY MATERIAL OBTAINED THROUGH THE USE OF SAINT PAINT STUDIO SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO COMPUTER SYSTEMS OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE AUTHOR'S SITE OR THROUGH OR FROM THE SAINT PAINT STUDIO SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THEIR TERMS.

Limitation of Liability

YOU UNDERSTAND AND AGREE THAT SAINT PAINT STUDIO, ANY OF ITS SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS OR LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM:

• THE USE OF, OR THE INABILITY TO USE, SAINT PAINT STUDIO SERVICES;
• THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, GOODS OR AND WEB SITES;
• UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE AUTHOR'S SITES;
• RELIANCE ON CONTENT OR POSTINGS ON ANY SITES; OR
• ANY OTHER MATTER RELATING TO THE AUTHOR'S SITES OR SAINT PAINT STUDIO SERVICES. THESE LIMITATIONS WILL APPLY WHETHER OR NOT SAINT PAINT STUDIO OR ANY SUBSIDIARY OR AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT WILL SAINT PAINT STUDIO CUMULATIVE LIABILITY FOR DIRECT DAMAGES HEREUNDER EXCEED $100.00.

Indemnification

You agree to indemnify Saint Paint Studio and its subsidiaries and affiliates, and their officers, directors, employees and agents, representatives, information providers and licensors and to hold them harmless from and against any and all liability, losses, claims, demands, disputes, damages or costs of any kind arising, directly or indirectly, from the Services.

GENERAL PROVISIONS

Entire Agreement:

This Agreement, which includes the Saint Paint Studio Privacy Policy, constitutes the entire agreement of the parties with respect to the subject matter hereto and supersedes and cancels all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the subject matter, hereof, oral or written.

Applicable Law; Jurisdiction and Venue; Attorneys' Fees:

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of laws, and you hereby consent to the exclusive personal jurisdiction and venue of state and federal courts located in [Company Name location] for all disputes arising out of this Agreement. If any legal action is necessary to enforce this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and expenses in addition to any other relief to which it may be entitled.

Severability:

If any provisions of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

Survivability:

All provisions of this Agreement relating to ownership of intellectual property and proprietary rights, warranty disclaimers, limitation of liability, and indemnification shall survive the termination of your use or access to the Service, for whatever reason.

Changes to This Agreement:

The Author may change this agreement at any time, at its sole discretion. Notice of material changes to this agreement will be posted on Saint Paint Studio Website. You agree that your continued use of the services following any changes to this agreement will constitute your acceptance of such changes. It is expected that most future changes will be minor.