We have prepared this agreement (“user agreement” or “agreement”) between Rhinode LLC t/a Trading Paints (“we”, “our”, “us”) and you. This agreement sets the terms of your use of the Trading Paints website (https://tradingpaints.com/) and services that include the Trading Paints software, programs, applications, and tools (collectively “Trading Paints”). This agreement is meant to encourage a fair and tolerant place for racers, designers, and fans.
This agreement is a legal contract between you and us. You acknowledge that you have read, understood, and agree to be bound by the terms of this agreement. If you do not agree to this agreement, you should not use Trading Paints. Please also be familiar with our Privacy Policy; it explains how we collect and use your information.
When you use Trading Paints in conjunction with another service, such as the service provided by iRacing.com Motorsport Simulations, LLC (“iRacing”) on the website www.iracing.com, you acknowledge that you are solely responsible for understanding and complying with the terms of use established by that service.
Trading Paints and approved third parties use cookies to recognize your browser or device and provide you with essential features and services and for additional purposes. You can manage browser cookies through your browser settings. The 'Help' feature on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, how to block cookies, and when cookies will expire. If you block all cookies on your browser, neither Trading Paints nor third parties will transfer cookies to your browser. If you do this, however, you may have to manually adjust some preferences every time you visit a site and some features and services may not work.
Your Access to Trading Paints
Without advance notice and at any time, we may, for violations of this agreement or for any other reason we choose: (1) suspend your access to Trading Paints, (2) suspend or terminate Your Account or Trading Paints Pro membership, and/or (3) remove any of your User Content from Trading Paints.
We reserve the right to monitor Trading Paints, and your use of the Service means you agree to such monitoring. At the same time, we do not guarantee we will monitor at all.
Personal, Lawful use
Trading Paints is for personal use only. You may not use Trading Paints to create or share anything that is unlawful, misleading, discriminatory or fraudulent, or that infringes any person’s or entity’s rights, including, but not limited to, intellectual property rights. You may not upload viruses or malicious code or do anything that could disable, overburden, or impair the proper working or appearance of Trading Paints.
Trading Paints is Not Intended as a Marketplace
Trading Paints is not intended to be a marketplace for any goods or services. Any transactions you undertake are solely your responsibility.
You may not use Trading Paints to conduct transactions for any illegal purposes.
Your Trading Paints Account
To contribute to Trading Paints, you must create an account that includes your name, password, and personal e-mail address (“Your Account”). You may browse public portions of the Trading Paints Showroom without an account.
You are solely responsible for the information associated with Your Account and anything that happens related to Your Account.
You may not authorize others to use Your Account, and you may not license, transfer, sell, or assign it without our express written approval.
Trading Paints Pro
You may also enroll in Trading Paints Pro, our premium membership program, by paying an annual fee. This user agreement also applies to Trading Paints Pro members. Trading Paints Pro does not confer any benefits other than those listed on the Trading Paints Pro page. Trading Paints Pro is a membership-based service, and its features are subject to change in the future.
Payment Information
You may also submit your debit or credit card information (“Payment Information”) via the website as part of Trading Paints Pro or to purchase other products or services via Trading Paints. Trading Paints may use third party service providers to process your payment information. If you submit your Payment Information, you agree to pay all costs that you incur, and you give us permission to charge you when payment is due for an amount that includes any applicable taxes, fees, and charges to Trading Paints or one of our service providers.
Trading Paints Content
Trading Paints contains graphics, designs, text, images, video, software, code, website compilation, website design, and website advertisements supplied by us or our licensors (“Trading Paints content”).
Trading Paints also includes content, such as designs and paint schemes, submitted by other users of Trading Paints for the purpose of sharing the content with other users (“Other User content”)
Trading Paints content and Other User content is protected by intellectual property laws including copyright and other proprietary rights of the United States and foreign countries.
We retain all rights to the Trading Paints content, but we grant you the limited right to access the Trading Paints content in the manner described in this agreement. You may not otherwise make unauthorized commercial use of, reproduce, prepare derivative works, distribute copies, perform, or publicly display Trading Paints content, except as permitted by the doctrine of fair use or as authorized in writing by us.
Your User Content
You retain the intellectual property rights, such as the copyrights in images, designs, paint schemes, written content or information, that you submit to Trading Paints (“Your User Content”), except as described below. This means you, and not Trading Paints, are entirely responsible for the User Content you submit.
Your User Content may not infringe the copyright, trademark, publicity/privacy right or other intellectual property right of any third party. Without limiting the foregoing, you may not include in your User Content any trademark, logo, graphics, or any other content or materials of any third party unless you have obtained express written permission from the owner of the trademark, logo, graphics, or other content or materials to do so. Your User Content must also comply with the terms of the Trading Paints Handbook found at tradingpaints.com/handbook which are incorporated into these terms.
All third-party trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. The use of third-party trademarks in your User Content does not imply sponsorship of you or Trading Paints by the third party.
By submitting User Content to Trading Paints, you grant us a royalty-free, transferrable, sublicensable, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, reproduce, prepare derivative works, distribute copies, perform, modify, or publicly display your User Content in any medium and for any purpose, including commercial purposes, and to authorize others to do so.
By submitting User Content to Trading Paints, you warrant that you have the right to submit everything you post, and that Your User Content does not violate the copyright, trademark, publicity/privacy right, trade secret or any other personal or proprietary right of any other party.
You agree not to create, publish, share or otherwise disseminate any User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity.
We take no responsibility for, we do not expressly or implicitly endorse, and we do not assume any liability for any of Your User Content submitted to Trading Paints that violates the rights of others.
You give us permission to use your User Content and/or name next to or in connection with ads, offers, and other sponsored content that we display, without any credit or compensation to you. By electing to share your User Content with other Trading Paints users, you are granting permission to other users of Trading Paints to copy, use, display, distribute and create derivative works of your User Content.
Indemnification
You will indemnify, hold harmless, and defend us from and against all losses arising out of any claim by a third party that Your User Content submitted to Trading Paints and any resulting use, distribution or sale of the User Content, constitutes an infringement of any patent, trademark right of privacy/publicity, copyright or the misappropriation of any trade secret.
The indemnification extends to claims resulting from actions that are taken outside of the Trading Paints system or services involving User Content (Your or Other) that was created and/or shared using Trading Paints.
Trading Paints Trademarks
The Trading Paints word mark, the Arrow design mark, and other marks that we may be adopt from time to time (the Marks) are posted at tradingpaints.com/brand along with brand guidelines for proper usage of the trademarks. The absence of a product or service name or logo from this list does not mean that we have waived our rights in that name or logo. You may only use our trademarks with our permission, in accordance with these brand guidelines and any other guidelines we may publish.
You may not (i) alter or change the appearance of the Marks, (ii) use the Marks in any manner that suggests Trading Paints sponsors or endorses a product, service, promotion, contest, or (iii) use the Marks for any other purpose deemed by Trading Paints to be inappropriate. Trading Paints has the right to revoke your right to use the Marks at any time at our sole discretion.
Third-Party Links
Trading Paints may contain third-party hyperlinks. We are not responsible for the content or actions of any third party websites or services associated with posted links. You agree to take sole legal responsibility for any links you post, and neither this agreement nor our privacy policy applies to any content on other websites related to those links. You should consult the terms and privacy policies of those other websites to understand your rights.
Copyright & DMCA
We will respond to legitimate requests under the Digital Millennium Copyright Act (“DMCA”), and we retain the right to remove User Content on Trading Paints that we deem to be infringing the copyright of others. If you become aware of User Content on Trading Paints that infringes your copyright rights, you may submit a properly formatted DMCA request (see 17 U.S.C. § 512) to support@tradingpaints.com.
Misrepresentations of infringement can result in liability for monetary damages. You should consider consulting an attorney before taking any action pursuant to the DMCA.
Disclaimer of Warranties
Trading Paints is provided “as is” and without warranty of any kind. To the maximum extent permitted by law, we and our affiliates and third party service providers disclaim any and all warranties, express or implied, including (but not limited to) implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, or any other warranty, condition, guarantee or representation, whether oral or electronic. You are solely responsible for any damage to your computer or mobile device, loss of use, or loss of your User Content. We do not guarantee that Trading Paints will always work properly.
Limitation of Liability
We will not be liable for any special, consequential, indirect, incidental, punitive, reliance, or exemplary damages, whether in tort, contract, or any other legal theory, arising out of or in any way connected with this agreement or your use of or attempt to use Trading Paints, including (but not limited to) damages for loss of profits, goodwill, use, or data. This limitation on liability shall not be affected even if we have been advised of the possibility of such damages. Some states do not allow for the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions may not apply to you. You may have other rights that vary from state to state.
You agree to release us, our affiliates, and third-party service providers, and each associated director, employee, agents, and officers, from claims, demands and damages (actual and consequential), of every kind and nature, known and unknown, disclosed or undisclosed, arising out of or in any way connected to your use of Trading Paints.
Severability and Enforcement
If any provision of this user agreement is held invalid or unenforceable, that provision will be modified to the extent necessary to render it enforceable without losing its intent. If no such modification is possible, that provision will be severed from the rest of this agreement.
If we do not enforce any right or provision in this user agreement, that is not to be deemed a waiver of our right to do so in the future.
Governing Law
Except as expressly provided otherwise, this Agreement will be is governed by, and will be construed under, the laws of the USA and the Commonwealth of Pennsylvania, without regard to choice of law principles. You and Trading Paints agree that for any dispute not resolved through informal negotiation or arbitration, the Pennsylvania state and Federal courts having jurisdiction in Allentown, Pennsylvania, USA have exclusive jurisdiction and you and Trading Paints agree to submit to the personal jurisdiction of such courts.