Terms of Use

PAINTSHIELD TECHNOLOGY CORPORATION ( PAINTSHIELD ) OWNS AND OPERATES THE WEBSITE LOCATED AT HTTP://WWW.PAINTSHIELD.COM/ ( " WEBSITE " ) AND THE " SERVICE " AS DESCRIBED BELOW. THESE TERMS OF USE TOGETHER WITH OUR  PRIVACY POLICY APPLY TO ALL USERS AND VIEWERS OF THE WEBSITE AND ALL USERS OF THE SERVICE.

BY USING THIS WEBSITE AND/OR OUR SERVICES, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN DO NOT USE THIS WEBSITE OR SERVICES. THESE TERMS OF USE MAY BE AMENDED OR UPDATED BY PAINTSHIELD FROM TIME TO TIME WITHOUT NOTICE AND THESE TERMS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE. IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF USE FOR ANY CHANGES. YOUR USE AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS OF USE SHALL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF SUCH REVISED TERMS. ANY NEW FEATURES THAT MAY BE ADDED TO THIS WEBSITE OR THE SERVICES FROM TIME TO TIME WILL BE SUBJECT TO THESE TERMS OF USE, UNLESS STATED OTHERWISE. YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THESE TERMS OF USE.

IF YOU ARE ACCEPTING THESE TERMS OF USE ON BEHALF OF A CORPORATION OR OTHER ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE NECESSARY RIGHT AND AUTHORITY TO ENTER INTO THESE TERMS OF USE ON BEHALF SUCH CORPORATION OR ENTITY AND TO BIND SUCH CORPORATION OR ENTITY TO THESE TERMS OF USE.

1. The Service . The service allows users to send and receive anonymous phone calls and emails and to block phone numbers from telemarketers and fraudsters (the " Service " ). In order to access the Service, you must register for an account and pay the applicable fees.


2. Content . All information, data, text, software, music, sound, photographs, graphics, video, phone calls, messages or other content emailed, transmitted or otherwise made available via the Service ( " User Content " ), is the sole responsibility of the senders and recipients of such User Content. Paintshield does not control or actively monitor User Content and, as such, does not guarantee the accuracy, integrity or quality of such content. Users acknowledge that by using the Service, they may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will Paintshield be liable in any way for any materials, including, but not limited to, for any loss or damage of any kind incurred as a result of sending or accessing any content emailed, transmitted or otherwise made available via the Service.


3. Restrictions on User Content and Use of the Service . Paintshield reserves the right at all times (but will have no obligation) to remove or refuse to distribute any User Content and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of our users and the public.


In using the Website and/or Service You shall not:

a. copy any content unless expressly permitted to do so herein;

b. upload, post, email, transmit or otherwise make available any material that:

i. is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable; 

ii. You do not have a right to make available under any law or under a contractual relationship;

iii. infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights); 

iv. is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; 

v. 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 that compromises a user’s privacy; or 

vi. contains any falsehoods or misrepresentations or create an impression that You know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;

c. impersonate any person or entity or misrepresent their affiliation with a person or entity; 

d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Website or Service or impersonate another person or organization; 

e. interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; 

f. intentionally or unintentionally violate any applicable local, state, national or international law or regulation; g. collect or store personal data about other users or viewers;  

h. license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website;  

i. modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Website, except to the extent the foregoing restrictions are expressly prohibited by applicable law; or

j. register for the Service on behalf of a group or corporate entity.

You also agree not to access the Website in a manner that utilizes the resources of the Website more heavily than would be the case for an individual person using a conventional web browser. Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on this Website. 

 

4. License of Content. By sending, transmitting or otherwise making available User Content on or through the Service, you grant us (and our agents) a non-exclusive, royalty-free license (with the right to sublicense) to use, copy, modify, transmit, display and distribute such User Content for the purposes of providing you with the Services. Paintshield will not be responsible or liable for any use of User Content in accordance with these Terms of Use. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you send, transmit or otherwise make available through the Service. 


5. End User License.Except for User Content, this Website, the Service and the information and materials that it contains, are the property of Paintshield and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws.Subject to these Terms of Use, Paintshield grants you a non-transferable, non-exclusive, license to use the Website and Service for your use (the “License”). Nothing in these Terms of Use gives you a right to use the Paintshield names, trademarks, logos, domain names, or other distinctive brand features without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website or Service. 


6. Feedback. If You provide Paintshield with any suggestions, comments or other feedback relating to any aspect of the Website and/or Service ("Feedback"), Paintshield may use such Feedback in the Website, Service or in any other Paintshield products or services (collectively, "Paintshield Offerings"). Accordingly, You agree that: (a) Paintshield is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to Paintshield, (c) Paintshield (including all of its successors and assigns and any successors and assigns of any of the Paintshield Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any Paintshield Offerings, and (d) You are not entitled to receive any compensation or re-imbursement of any kind in respect of the Feedback. 


7. Links & Third-Party Websites. This Website (including User Content) may contain links to other websites that are not owned or controlled by Paintshield. In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by Paintshield of that third party, third party product or service. Paintshield is also not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. You hereby release Paintshield from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites. 


8. DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE WEBSITE, SERVICE AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED "AS IS." PAINTSHIELD SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. PAINTSHIELD DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND PAINTSHIELD SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. PAINTSHIELD WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE OR FOR ANY INTERACTIONS OR TRANSACTIONS BETWEEN USERS. 


9. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL PAINTSHIELD BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THIS WEBSITE OR THE SERVICE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE. THESE LIMITATIONS SHALL APPLY EVEN IF PAINTSHIELD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PAINTSHIELD’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY U.S. DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID PAINTSHIELD IN THE PRIOR 12 MONTHS (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. 


10. INDEMNIFICATION. YOU SHALL INDEMNIFY AND HOLD PAINTSHIELD AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), INCURRED IN CONNECTION WITH: (I) ANY MATERIALS SUBMITTED, SENT, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE SERVICE; (II) ANY INTERACTIONS OR TRANSACTIONS BETWEEN YOU AND ANY OTHER USER OR SENDER OR RECEIVER OF ANY CONTENT THROUGH THE SERVICE; AND/OR (III)ANY VIOLATION BY YOU OF THESE TERMS OF USE, THE RIGHTS OF ANY THIRD-PARTY OR ANY APPLICABLE LAW OR REGULATION. 


11. Termination. Paintshield may, under certain circumstances and without prior notice, immediately terminate Your ability to access the Website, Service or portions thereof. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms of Use or any other agreement that You may have with Paintshield (including, without limitation, non-payment of any fees owed in connection with the website or otherwise owed by You to Paintshield), (b) requests by law enforcement or other government agencies, (c) a request by You, (d) discontinuance or material modification to the website (or any part thereof), (e) unexpected technical, security or legal issues or problems, and/or (f) participation by You, directly or indirectly, in fraudulent or illegal activities. Termination of Your access to the Website may also include removal of some or all of the materials made available by you through the Service. You acknowledge and agree that all terminations may be made by Paintshield in its sole discretion and that Paintshield shall not be liable to You or any third-party for any termination of Your access to this Website, the Service or for the removal of any materials. Any termination of these Terms of Use by Paintshield shall be in addition to any and all other rights and remedies that Paintshield may have. 


12. Availability & Updates. Paintshield may alter, suspend, or discontinue this Website and/or Service at any time and for any reason or no reason, without notice. The Website and/or Service may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Paintshield may periodically add or update the information and materials on this Website without notice. 


13. Security. Information sent or received over the Internet is generally unsecure and Paintshield cannot and does not make any representation or warranty concerning security of any communication to or from the Website, Service or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that you use to access the Service and you are responsible for any activities or actions under your password. You agree to keep your password secure. Paintshield will not be liable for any loss or damage arising from your failure to comply with these requirements. 


14. General. These Terms of Use, together with our Privacy Policy , constitutes the entire agreement between the parties relating to the Website and Service and all related activities. These Terms of Use shall not be modified except in writing signed by both parties or by a new posting of these Terms of Use issued by Paintshield. If any part of these Terms of Use is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of Paintshield to exercise or enforce any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Any waiver of any right or provision by Paintshield must be in writing and shall only apply to the specific instance identified in such writing. You may not assign these Terms of Use, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without Paintshield’s prior written consent. We may assign these Terms of Use without restriction. These Terms of Use are governed by the laws of the Province of British Columbia without regard to its choice of laws provisions. You hereby irrevocably attorn to the exclusive jurisdiction of the courts of the Province of British Columbia.


 If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the Website or Service, please contact us at: info@paintshield.com. 

Effective Date: June 23, 2015