Terms of Use

Mersica Inc. ("Company") provides www.fatpaint.com and its related services ("Service") and products ("Products"), subject to your compliance with the terms and conditions ("Terms of Service") set forth below. Please read the following carefully.

The Company reserves the right to update and modify the Terms of Service at any time without notice. New features that may be added to the Service shall be subject to the Terms of Service. Should you continue to use the Service after any such modifications have been made, this shall constitute your agreement to such modifications.

Violation of any part of the Terms of Service will result in termination of your account.


Commercial or Business Use

If you are using Fatpaint to make graphics for commercial or business use, and you are not buying products on our webshop using this graphics, then you must upgrade to the Fatpaint Pro Subscription. The price is just $9 USD per month.


Copyright Law

You must accept and comply with the Copyright Terms and Conditions. It is your responsibility. You agree that the owners, employees and volunteers of the Company are not responsible for any loss or damages which may result from your illegal use of images. Any images we find that infringes copyright law, will be deleted without warning. Users that repeatedly break copyright law will be banned from the service.

Not liable for use of media content

Copyright status for any particular media content such as images and fonts, can only be ultimately determined through the judicial system. While careful research has gone into sourcing the media content used on this site, there is always a possibility that some of the resources are not in the public domain or some other free commercial license. As we wish to continue to offer these resources for your use and enjoyment, you must accept full responsibility for using them.

When creating an account, you accept that the Company, it's owners, employees and volunteers do not make any guarantees that images, fonts, and other resources we provide are free of copyright, are fitted for any particular purpose, and assume no liability for their use. You, the account holder, take full responsibility for the use of these resources.

Ownership

The Company claims no intellectual property rights over the content you upload, create or provide to the Service.
The Company or its suppliers own the intellectual property rights to any and all protectable components of the Service, excluding the Media content, including but not limited to the name of the Service, and end-user interface elements contained within the Service, many of the individual features, and the related documentation. You may not copy, modify, adapt, reproduce, distribute, reverse engineer, decompile, or dissemble any aspect of the Service which the Company or its suppliers own.

By creating an account on fatpaint.com, you are provided with a limited, personal, non-transferable, non-exclusive license to use the Service.


Account Terms

You must provide your full legal name, a valid email address, and any other required information to complete the sign-up process.
You are responsible for maintaining the privacy and security of your account. The Company will not be held liable for any damage or loss that may result from our failure to prevent hacker attacks or illegal access to our servers or your failure to protect your login information, including your password.

Images created by free users or guests, may be published by the Company on the website without asking for permission. If you want your images to be private, you must upgrade to Fatpaint Pro.


Payment for Services and Products

A credit card or PayPal account is not required to use the Services offered by the Free subscription. A valid credit card or a PayPal account is required for purchasing Products or the Fatpaint Pro subscription.

When purchasing Products or the Fatpaint Pro subscription, your credit card will be charged as payment for items purchased.

Fees on fatpaint.com may be exclusive of some or all taxes or duties imposed by governing authorities. You alone are responsible for payment of all such taxes or duties.

You agree that you are solely responsible for cancelling the recurring Fatpaint Pro subscription when you no longer wish to have that subscription. The cancelling of recurring payments is done in your PayPal account. You agree that the payment for a subscription is not refundable.

While all purchases are processed in US dollars, we may provide an estimated conversion price to currencies other than US dollars and that these prices may have small differences in comparison with the actual price you will pay.

You agree that when you make a purchase with one of our affiliated third party service providers, we will not refund these purchases, and we are not liable if that provider fails to deliver the purchased products to your expectations and that any communication regarding these purchases must occur between you and the affiliated service provider.

We will only work with trusted third party service providers that have an exceptional track record and customer service, so when being redirected to their web site, you can safely do the purchase of products there. You may send complaints to us about third party service providers and we will take appropriate actions if a provider repeatedly fails to deliver a good service to our users.


Indemnity

You agree to indemnify and hold the Company, its owners, employees and volunteers harmless from any loss, claim, demand or expense, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the images or content on fatpaint.com, your violation of these Terms of Service, or your violation of any rights of another.


Use of Site

You agree that the owners, employees and volunteers of the Company are not responsible for any loss or damages which may result from your use of the fatpaint.com web site or its content.

In using this Site, you agree to not:

1. upload, download, post, email or otherwise transmit any materials including but not limited to images, photos, graphics, or any of these elements in combination as a design for products available on this Site or otherwise ("Content") that are unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, inflammatory, libelous, tortious, hateful, racially, ethnically, socially, politically, legally, morally, religiously objectionable or otherwise objectionable, or invasive of another's rights including but not limited to rights of celebrity, privacy and intellectual property.

2. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

3. upload, download, post, email or otherwise transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By uploading any Content, you represent and warrant that you have the lawful right to reproduce and distribute such Content and that the Content complies with all applicable federal, state and local laws, regulations and ordinances;

4. upload, download, post, email or otherwise transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;

5. upload, download, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation;

6. upload, download, post, email 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;

7. upload, download, post, email or otherwise transmit false or misleading information;

8. disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked websites.

9. access, tamper with or use non-public areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution;

10. disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked websites;

11. incorporate images or names that would violate a person's right of privacy or publicity.


Use of Third Party Sites

The Company, its owners, employees and volunteers are not responsible for the content or any loss or damage resulting from your use of external sites to which fatpaint.com may provide links or be affiliated with.

Modifications to the Service and Fees

The Company reserves the right to modify, suspend, or discontinue the Service at any time for any reason with or without notice.
The Company reserves the right to change fees charged for products at any time for any reason with or without notice.

General Conditions

Your use of the Service, including any content, information or functionality contained within it, is provided "as is" and "as available" with no representations or warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume total responsibility and risk for your use of this Service.

You agree not to resell, duplicate, reproduce or exploit any part of the Service without the express written permission of the Company.
You may not use the Service to store, host, or send unsolicited email (spam) or SMS messages.
You may not use the Service to transmit any viruses, worms, or malicious content.

The Company makes no warranties regarding (i) your ability to use the Service, (ii) your satisfaction with the Service, (iii) that the Service will be available at all times, uninterrupted, and error-free (iv), the accuracy of mathematical calculations performed by the Service, and (v) that bugs or errors in the Service will be corrected.

The Company, its employees, volunteers, affiliates and its sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or relating in any way to your use of the Service. Your sole remedy for dissatisfaction with the Service is to stop using the Service.

If any provision of the Terms of Service is held invalid or otherwise unenforceable, the enforceability of the remaining provisions shall not be impaired thereby.

The failure of the Company to exercise any right provided for herein shall not be deemed a waiver of any right hereunder. The Terms of Service sets forth the entire understanding between you and the Company as to the Service and supercedes any prior agreements between you and the Company (including, but not limited to, prior versions of the Terms of Service).

By using this Web site, you also consent to the terms of our Privacy Policy.

Any questions regarding the Terms of Service should be addressed to the Company, contact us.
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