The terms and guidelines described below covers the entire WarPaint International, LLC website and applications (“the Site,” “Warpaint,” “Application,” “we,” “us,” or “our”). Phrases such as “you,” “your” and other similar expressions refer to our customers, or the specific users of this Site (“Users”). Collectively, WarPaint and its Users will be known as the “Parties.”By visiting and using the Site, you accept the practices described in these terms and guidelines (“Terms” or “Services”).
WARPAINT IS NOT A DIRECT PROVIDER OF SERVICES. WARPAINT PROVIDES INFORMATION RELATED TO AND A MEANS OF OBTAINING SERVICES, WHICH ARE DIRECTLY PROVIDED BY INDEPENDENT CONTRACTORS. WARPAINT ASSUMES NO RESPONSIBILITY OR LIABILITY RELATED TO THE SERVICES PROVIDED BY OR ACTIONS OF SUCH INDEPENDENT CONTRACTORS.
Using the Site
When retrieving information from the Site, you are prohibited from (a) using or attempting to use spiders, robots, avatars, intelligent agents, or any other extraction or navigation search except for a normal browser, (b) aggregating, copying or duplicating any of the materials or information available from the Site except for the small amount of materials and information temporarily required for an ordinary single use of the Site, or (c) accessing data not intended for you.
Use of the Site or the Applications may require a login and password that you will create (your “Membership”). You are responsible for maintaining the confidentiality of your Membership, and you are fully and solely responsible for all activities that occur under your Membership. It is up to you to take adequate precautions with your Membership, and to immediately notify WarPaint of any unauthorized use of your Membership. You are not required to submit any information to our Site. However, without providing the requested information, you may be unable to access certain features of our Site, including booking an appointment.
By accessing or using the Site, the Services, or the Applications, you agree:
You represent and warrant that you are legally entitled to enter into these Terms and to use the Services.
You represent and warrant that you are at least 18 years old. If you are under the age of 18, you are not permitted to submit any personal information to us.
You shall provide accurate, true, and current information as prompted during the account registration process and shall keep it current at all times.
You shall not allow any other person or entity to access or use your account. You shall not share your password or any other login credentials with any other person or publicly disclose it.
You shall comply with all state and local laws of each location in which you access the Site or use the Services. You shall not use the Site or Applications for any illegal or unauthorized purpose.
You shall only access or use the Site or the Applications with a compatible device or computer. WarPaint assumes no responsibility or liability for loss resulting from failure to comply with this provision.
You shall be solely responsible for all activity associated with your account, including any posted data, text, images, audio, video, or any other content (collectively, the “Content”).
You represent and warrant that all Content that you post to the Site or submit through the Applications shall be your wholly original material (except for material that you are using with the permission of its owner) and does not infringe or violate any copyright, trademark, or other rights of any third party including any rights of privacy or publicity.
You shall be solely responsible for keeping a duplicate copy of all Content; we do not accept any responsibility or liability for the loss of your Content.
You shall not duplicate or resell the Applications.
You acknowledge that, by accessing or using the Site and the Applications, certain mobile carrier charges may apply, including SMS messaging charges and data charges.
You shall not transmit worms, viruses or any code of a destructive nature to WarPaint, other users, the Site, or the Applications.
You shall not abuse, harass, threaten, harm or impersonate other WarPaint users or employees or contractors of any WarPaint Entities or any of its partners, at any time or for any reason.
You shall not post Content that is hateful, threatening, pornographic, obscene, abusive, unlawful, harassing, racially or ethnically offensive, libelous or defamatory, or any content that encourages unlawful conduct.
Any use of the Site, the Services, or the Applications in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use your Membership, the Site, the Services, and/or the Applications. WarPaint reserves the right to monitor your use of the Site, the Services, and the Applications to ensure your compliance with these Terms, or pursuant to a court, administrative, or governmental order. Furthermore, we reserve the right to deactivate or suspend use of the Site, the Services, or the Applications for any reason.
Intellectual Property Rights
The copyrights and other intellectual property in the Site, the Services, and the Applications are owned by WarPaint, its independent contractors, and its licensors. Subject to your compliance with these Terms, including Section 1 above, you are authorized to view, store, print, copy, and distribute the pages, data, text, images, audio, video, or other content within the Site or Applications for the purposes of your use of the Services or considering use of the Services. This right is non-transferable and non-sublicensable. All other rights are reserved. In consideration of this authorization, you agree that (a) any copy of these documents which you make shall retain all copyright and other proprietary notices contained in such documents and (b) these Terms are included with any distribution.
By posting Content to the Site or submitting Content through the Applications, you hereby grant WarPaint a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, and display the Content when operating the Site and Applications, and for WarPaint’s internal business purposes, which include the Services.
Subject to your compliance with these Terms, including Section 1 above, you are authorized to download and install a single copy of any of the Applications for your personal, non-commercial use only. This right is non-transferable. All other rights are reserved. You may not sell, transfer, license, sublicense, or distribute the Applications to any third party and you may not use the Site, Services or Applications for the purpose of indirectly or directly competing with WarPaint.
You acknowledge that use of the Site, Services, and Applications may involve fees charged by WarPaint. Pricing information displayed on the Site or through the Applications is subject to change. WarPaint may increase or decrease fees as it deems necessary. All fees are final, non-refundable, and shall be paid by you immediately when due. Except as expressly stated in these Terms or on the Site or Applications, WarPaint has no obligation to provide refunds or credits, but may grant them, in each case in WarPaint’s sole discretion. As a user of the Services and Applications, you agree that you shall: (i) as a condition to requesting Services, provide a valid credit card or other authorized payment method; and (ii) pay for all Services that you request from the Site or Applications. You expressly authorize WarPaint to charge the payment method you provide for any Services you request. You also expressly authorize WarPaint to set the prices for all charges and fees that apply to the provision of such Services. Your selection of the “Confirm” button on the checkout page is your electronic signature and you agree that (a) this signature is the legal equivalent of your wet or manual signature and (b) this transaction is equivalent to an in-person transaction where your payment method is physically present.
Standard SMS and data fees may apply when accessing or using the Site or Applications from a mobile device. To opt out of SMS notifications associated with the Services or Applications, please contact WarPaint at email@example.com.
You shall indemnify, defend and hold harmless WarPaint and its affiliates, related companies, officers, directors, members, employees, agents, representatives, partners, and licensors from any and all third party claims, liability, damages and/or costs (including attorneys’ fees) arising from or related to (i) your use of the Site, Services, or Applications, (ii) your violation of these Terms, or (iii) any infringement or misappropriation of any intellectual property right or other right of any person or entity by you or any other user of your user account. You agree to immediately notify WarPaint of any unauthorized use of your user account or any other breach of security known to you that may affect the security of the Site or Applications.
Limitation of Liability
WARPAINT ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ASSESSING THE ABILITY OR SUITABILITY OF INDEPENDENT CONTRACTORS, WHO PROVIDE YOU SERVICES AS THIRD PARTIES. YOU EXPRESSLY WAIVE AND RELEASE WARPAINT FROM ANY AND ALL LIABILITY, CLAIMS, OR DAMAGES ARISING FROM INDEPENDENT CONTRACTORS YOU ENCOUNTER THROUGH USE OF THE SITE, SERVICES OR APPLICATIONS. WARPAINT ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ACTS BY INDEPENDENT CONTRACTORS DURING THE PERFORMANCE OF SERVICES WHICH CAUSE PERSONAL INJURY, PROPERTY DAMAGE, DEATH, THEFT, DEFAMATION, DISPARAGEMENT, DISCRIMINATION, BREACH OR INTERFERENCE WITH A THIRD-PARTY CONTRACT, OR MISREPRESENTATION. YOU ACKNOWLEDGE THAT WARPAINT OWES NO DUTY OF CARE TO YOU AND WARPAINT ASSUMES NO RESPONSIBILITY OR LIABILITY FOR BREACH OF SUCH A DUTY BY AN INDEPENDENT CONTRACTOR.
WARPAINT EXERCISES NO CONTROL OVER THE SCHEDULES OR AVAILABILITY OF INDEPENDENT CONTRACTORS AND SHALL NOT BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES THAT MAY RESULT FROM ISSUES RELATED TO THE SCHEDULE OR AVAILABILITY OF AN INDEPENDENT CONTRACTOR. WARPAINT ASSUMES NO RESPONSIBILITY OR LIABILITY FOR LOSSES OR DAMAGES RESULTING FROM DISCLOSURE OF YOUR PERSONAL OR CONFIDENTIAL INFORMATION BY AN INDEPENDENT CONTRACTOR. WARPAINT ASSUMES NO RESPONSIBILITY OR LIABILITY FOR AN INDEPENDENT CONTRACTOR’S FAILURE TO MAINTAIN or OBTAIN ANY LICENSES OR PERMITS, OR LACK OF TRAINING, EXPERIENCE, OR BUSINESS QUALIFICATIONS NECESSARY TO PROVIDE SERVICES. WARPAINT ASSUMES NO RESPONSIBILITY OR LIABILITY FOR DISPUTES BETWEEN YOU AND ANY INDEPENDENT CONTRACTOR, INCLUDING PAYMENT DISPUTES, AND DISPUTES RELATED TO THE METHOD, DETAILS, AND MEANS THAT AN INDEPENDENT CONTRACTOR CHOOSES TO PERFORM SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WARPAINT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE, SERVICES, OR APPLICATIONS; OR (B) ANY CONTENT OBTAINED FROM THE SITE OR APPLICATIONS.
These Terms shall be governed by and interpreted under the laws of the State of Minnesota. If any dispute, controversy or claim arises between the Parties with respect to this Agreement or any future amendment to this Agreement, they will submit the matter for mediation before a mutually agreed upon mediator. If the Parties cannot agree on a mediator, the matter will be heard by a mediator appointed through the Minnesota Mediation Center or similar service if Minnesota Mediation Center no longer exists. If mediation does not result in agreement, the Parties agree to Minnesota state courts in Dallas County, Minnesota, as the venue for any litigation regarding this Agreement, including the rights and obligations of any Party to this Agreement.
If any provision of this Agreement is declared invalid or unenforceable, then that provision will be modified to one that is valid and enforceable and most closely carries out the intent of the initial provision, and all remaining provisions of this Agreement will continue in full force and effect.