Grant of Rights
We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right and license to access and view pages within the Site. To the extent that the Site provides access to any online software, applications or other similar components, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use such components only within the Site and only in the form found within the Site.
All rights granted to you under these Terms are subject to your compliance in all material respects and may only be exercised by you for your personal, non-commercial use or internal business purposes.
You must be 18 years or older to use our Site. Minors under 18 and at least 13 years of age are only permitted to use our Site with the appropriate permission and under the direct supervision of a parent or legal guardian. Children under 13 years should not be using the Site.
All materials and content on this Site, including, without limitation, all computer code, software, Site design, text, images, graphics, artwork, user interfaces, audio clips, sounds, video clips, digital downloads and other copyrightable elements, and the selection, collection, assembly, compilation, and arrangement thereof ("Content") are provided by Tipsy Vincent or its licensors and are the property of Tipsy Vincent and its licensors, protected under trademark, copyright, and other intellectual property laws.
Trademarks, Service Marks, and Trade Dress
Copyright © 2021, Tipsy Vincent, LLC. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks. Any unauthorized or prohibited use of such Marks may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
Our paint kits (the “Products”) are available exclusively online through the Site. The Products may have limited quantities and are subject to return or exchange only according to our Return Policy. [add link here]. We reserve the right to limit the sales of our Products to any person, geographic region or jurisdiction. All descriptions of Products or Product pricing are subject to change at any time without notice, at the sole discretion of us. We have made every effort to display as accurately as possible the colors and images of our Products, but we cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right to discontinue any Product at any time.
Transaction Processing; Use of Credit Card
When purchasing any Product made available through the Site, you will be asked to supply certain information relevant to your transaction, including without limitation your credit card number, the expiration date and security code of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By providing billing information you grant our authorized third-party processors the right to process payment for your purchases and grant us or the third party collecting that information on our behalf the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction.
THE SITE (INCLUDING THE DOWNLOADABLE TOOLS AND VIDEOS), ALL INFORMATION, CONTENT, MATERIALS AND SERVICES RELATED TO THE FOREGOING, AND THE PRODUCTS ARE PROVIDED "AS IS" AND “AS AVAILABLE” AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. WE DO NOT WARRANT THAT YOUR USE OF THE SITE OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS FREE.
WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, SYSTEM INTEGRATION AND ACCURACY OF DATA. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS US, OUR MEMBERS, OFFICERS, DIRECTORS, ASSIGNS, LICENSORS, OR OTHER RESPECTIVE OWNERS OR AGENTS, FROM ANY DEMANDS, LOSS, LIABILITY, CLAIMS, OR EXPENSES (INCLUDING ATTORNEY’S FEES), BY ANY THIRD PARTY ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY BREACH OR VIOLATION BY YOU OF THESE TERMS, ANY USE BY YOU OF THE SITE, OR ANY DISPUTES OR DAMAGES ARISING OUT OF YOUR USE OF THIS SITE.
Limitation of Liability
Tipsy Vincent accepts no liability for a loss arising from any information provided to its customers that is misinterpreted and results in inappropriate Product purchases or inappropriate Product usage.
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS, TIPSY VINCENT, LLC IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE OR ANY CONTENT, OUR LIABILITY SHALL IN NO EVENT EXCEED $100. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
You acknowledge that a breach of any proprietary rights described in these Terms may cause us irreparable damage, for which the award of damages would not be adequate compensation. Consequently, you agree that we may institute an action to enjoin you from any and all acts in violation of those provisions, which remedy will be cumulative and not exclusive, and we may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which we may be entitled at law or in equity.
This Agreement will be governed and construed in the courts with the laws of the District of Columbia and to the extent applicable, of the United States of America, without giving effect to its conflict of laws provisions. You hereby submit, through use of the Site to the exclusive jurisdiction of the courts of the District of Columbia and any United States courts located within its jurisdiction for purposes of any and all litigation arising out of the use of this Site.