Terms of use

Welcome and thank you for using Editpaints online seminar website located at www.editpaints.com (“Website”) owned and operated by GIDA TATTOO LTD., a company governed by the laws of the state of Israel company 515890069 having its registered office located at Tel Aviv (hereinafter referred to as “EDITPAINTS”, “us”, “we”, or “our””).

This Terms of Use (“Terms”) governs the contractual relationship between EDITPAINTS and each: tattoo artist, individual, entity, user, or visitor (hereinafter referred to as “you” or “your”) accessing the website and/or apps and/or using the Services (as defined below).

You and EDITPAINTS shall also hereinafter be referred to together as the “Parties” and individually as a “Party”.

By accessing the Website and by using the Services (as defined below) you agree to be bound by these Terms and accept to comply with all applicable laws and regulations. Should you disagree to be bound by these Terms, in whole or in part, you shall (1) not be permitted or authorized to use the Services (as defined below), and (2) refrain from accessing the Website and Services. Your continued use of the Website and Services shall be deemed to constitute your acceptance of these Terms.

Please read these Terms carefully before using the Website and Services. Your access to the Website and your use of the Services (defined below) is conditioned upon your acceptance of and compliance with these Terms. THESE TERMS INCLUDE AN ARBITRATION SECTION THAT APPLIES TO ALL CLAIMS BROUGHT AGAINST EDITPAINTS. PLEASE READ THE TERMS CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS

  1. Acceptance and Modification of Terms
    1. EDITPAINTS reserves the right, at any time and in its sole discretion, to modify or replace these Terms. You shall be solely responsible for checking these Terms periodically to stay well-informed of any changes to the Terms. Your continued access to the Website and use of the Services following the posting of any changes to these Terms shall be subject to the newly modified Terms.
    2. EDITPAINTS reserves the right, at any time and in its sole discretion, to modify or replace the Website, in whole or in part. Your continued access to the Website and use of the Services following the posting of any changes to the Website shall be deemed to constitute your acceptance of such changes. If you don’t accept any of the changes you may delete your User Account (as defined below) according to these Terms.
  2. Services
    1. Edit paints online seminar provides you, through the Website, with the following Services: an educational online course including pre-recorded classes and tutorials, on tattooing techniques and methods (hyper-realistic, black-and-grey, colors, micro tattoos etc.), tattoo equipment and ink types, hygiene and treatment, tattoo designing and other theoretical and practical classes (collectively the “Online Seminar”).
    2. The Online Seminar is written and created by our experts' team in the leadership of Edit Ben Gida, a globally well-known and sought-after tattoo artists. The Online Seminar will be provided in the English language and presented to you on video. In addition, you will get access to our online community(the Online Seminar and other services mentioned in this section collectively referred to as the “Services”).
    3. EDITPAINTS reserve the cancel, interrupt, reschedule, or modify the classes and tutorials at its sole discretion.
  3. Grant of License
    1. EDITPAINTS grants you a revocable, non-exclusive, non-transferable, non-assignable, non-sublicensable, limited license to use the website and view the Online Seminar and any associated content for which you have paid all required Fees (as defined below), solely for your personal, non-commercial, or educational purposes. All other uses of the Online Seminar are strictly prohibited.
    2. Restrictions. Other than the license expressly granted under this Terms, no other rights or interests whatsoever are granted to you. Without limiting the foregoing, you shall not, directly or indirectly: reverse engineer, disassemble, decompile, decode or otherwise attempt to gain access to the source code or any part thereof, modify, translate, reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, adapt, edit, create derivative works of, sublicense, make statements, warranties or representations concerning the Website or Services, remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices provided on or with the Services or otherwise transfer or use the Online Seminar.
  4. Registration and Delivery of Online Seminar; Access Termination
    1. Upon successful registration of a User Account (as defined below) on our Website and receipt of full payment of the Online Seminar, you will be given access to view the Online Seminar videos. You shall use your Login Credentials (defined below) to obtain access.
    2. You acknowledge and agree that all purchases made by you for the Services on the Website, is for your personal use only. As such you are not permitted or authorized to share the purchased Services with any third party. Should EDITPAINTS reasonably suspect you, in its sole discretion, of partaking in any irregular activity or abuse to access the Online Seminar, we may block your use of the Services and terminate your access to the Website in accordance with this Agreement.
    3. When using the Services, you agree to use the Website and access the Services only for lawful purposes, as such you will not: (1) use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party; (2) download, copy, sell or give away the Online Seminar provided that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner; (3) falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained on the Website and Services made available to you; (4) use, download or otherwise copy, or provide to an individual or entity any directory of users of the Services, any information and/or any portion thereof; (5) violate any applicable laws or regulations; (6) use the Services and Website for any commercial uses or for the benefit of any third party including but not limited to any type of sale of the Services or any associated content, and/or solicitation of business in the course of trade or in connection with a commercial entity
  5. User Registration and Security
    1. To use the Services and the Website, you must first register through our online onboarding and registration process, by providing all required information which shall include but not be limited to your full name and email address. You may be required to confirm your registration by clicking on an activation link which is sent by us to the email you have provided, for verification purposes. An account shall thereafter be opened by EDITPAINTS, in its sole discretion, for you on the Website (“User Account”).
    2. It is clarified that each User Account is personal, non-transferable and may only be registered and used by a single individual. You may not access any third party’s account or authorize any third party to access your User Account and use the Services on your behalf. You acknowledge and agree that EDITPAINTS may, in its sole discretion, deny you access to its Website and/or Services for any reason or no reason at all.
    3. By creating a User Account, you confirm that you are at least 18 years of age or, in case you are younger, you confirm that: (1) you are above the age of 13 or above the required legal age for consent to use online services and (2) any use in the website and any purchase of the Services will be pre-approved and continuously supervised by a parent or guardian. In addition, you agree to (1) provide true, accurate, current and complete information about yourself; (2) maintain and promptly update the information provided during registration to keep it true, accurate, current, and complete at all times. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, we may close your User Account on the Website and deny you the ability to access and use the Services. You agree to hold EDITPAINTS harmless and bear full responsibility for all damages accrued by EDITPAINTS in the event of any violation of the obligations provided under this section.
    4. You may indicate, during the onboarding and registration process, your User Account’s username (which shall be your registered email address) and your choice of password to be used as login credentials to access your User Account (“Login Credentials”). You shall be solely responsible for (i) maintaining the confidentiality of your Login Credentials; and (ii) any and all activities which occur under your User Account.
    5. You agree to notify EDITPAINTS immediately of any unauthorized use of your User Account or any other breach of security. In any event, EDITPAINTS shall not be liable for any loss that you may incur as a result of any third-party using your Login Credentials and/or accessing/using your User Account either with or without your knowledge. However, you may be held liable for losses incurred by EDITPAINTS due to any third-party using your Login Credentials and/or User Account. You acknowledge and agree that you may not (i) use the User Account of another user registered on the Website, and further acknowledge that User Accounts are for use by one individual user only, and (ii) impersonate any individual or entity, or falsely state or otherwise misrepresent any affiliation with an individual or entity when accessing the Website and when using the Services on the Website.
  6. Deletion of User Account
    1. You have the right to delete your User Account by sending an email to [email protected] with your request to delete your User Account. Following such request, EDITPAINTS will permanently delete your User Account, as well as any data contained in the User Account, within 30 business days from the submission of your deletion request. You acknowledge and agree that by submitting a request to delete your User Account, you will no longer be able to access the Online Seminar. EDITPAINTS shall not be liable for any damages caused from such deletion of your User Account.
  7. Acceptable Use of the Website
    1. You may not use the Website to transmit, distribute, store or destroy any material or information (1) in violation of any applicable law or regulation, (2) in a manner that infringes upon EDITPAINTS’s Intellectual Property Rights (as defined below) or upon any third-party’s intellectual property rights, (3) in a manner that violates the privacy or other personal rights of third parties, (4) that is defamatory, damaging, disruptive, obscene, threatening, abusive or hateful, and/or (5) in order to upload, post, email, transmit, or otherwise make available any content that (a) is deemed unlawful, harmful, threatening, abusive, harassing, tortious, vulgar, obscene, libelous, or invasive of another's privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable; and (b) incites, encourages or threatens immediate physical harm against another including, but not limited to (1) promoting racism, bigotry, sexism, religious intolerance or harm against any group or individual, or (2) contains material that solicits personal information from anyone under the age of eighteen (18) or exploits anyone in a sexual or violent manner.
    2. When accessing the Website, you shall be prohibited from: (1) using any device, software or the like to interfere or attempt to interfere with the proper functioning of the Website; (2) taking any action that imposes an unreasonable or disproportionately large data load on the Website’s infrastructure; (3) copying, reproducing, altering, modifying, creating derivative works, or publicly displaying any content from the Website without EDITPAINTS' prior written consent; (4) accessing, tampering with, or use non-public areas of the Website of EDITPAINTS’s computer systems and/or of its third-party providers’ technical delivery systems;  (5) probing, scanning, or testing the vulnerability of any of EDITPAINTS’ system or network or breach or circumvent any of EDITPAINTS’ security or authentication measures;  (6) accessing, searching or attempting to access or search the Website (by any means other than through EDITPAINTS’ currently available, published interfaces that are provided by EDITPAINTS;  (7) reverse-assembling, reverse-engineering, decompiling or otherwise attempting to discover any source code relating to the Website or any tool therein, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; (8) attempting to access any area of the Website to which access is not authorized;  (9) using any robot, spider, other automatic device or manual process to monitor or copy any part of the Website; (10) conducting any systematic or automated data collection activities on or in relation to the Website, including but not limited to data scraping, mining, extraction, harvesting, framing and article spinning, without EDITPAINTS’ prior written consent;  (11) using manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of the Website; (12) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, "junk mail," "spam," or any other form of solicitation, except in any such areas that may have been designated for such purpose;  (13) disrupting or interfering with the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Website; (14) uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;  (15) intentionally or unintentionally violating any local, state, federal, national or international law, in addition to any rules of any nation or other securities exchange, and any regulations having the force of law;  (16) impersonating any other person or entity, sell your profile, provide false or misleading identification, payment or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity; and/or (17) collecting or storing of any personal data relating to any other user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.
  8. Support Services
    1. EDITPAINTS shall provide you with support services to address any queries and concerns you may have concerning to the Services, and payment or account issues, from Sunday to Thursday between the hours of 10AM. to 6PM, Israel Time.
  9. Fees, Payment Method, Taxes
    1. In consideration of the Services provided by EDITPAINTS, you acknowledge and agree to pay EDITPAINTS the fees and/or charges (“Fees”) as set forth on the Website. The Fees may be paid either in (i) full as a one-off payment in United States Dollars; (ii) Euros as a one-off payment.
    2. You acknowledge and agree that should you choose to pay the Fees via instalments, as provided above under, the total Fee amount may be higher as interest of 10% will be charged on all outstanding instalments until full payment of the Fees and applicable interest has been made and complete to EDITPAINTS. All Fees for the Services shall exclude any applicable Taxes (defined below).
    3. A valid payment method, including but not limited to credit card or debit card (“Payment Method”) is required to process the payment of the Fees for your chosen Services. You hereby warrant that you are authorized to use the respective chosen Payment Method and shall notify EDITPAINTS of any changes to your respective Payment Method details and invoicing address.
    4. By completing the onboarding and registration process, you agree to authorize EDITPAINTS and/or our third party payment processor, Bluesnap, to charge your respective Payment Method for the Services you have chosen to make use of for the applicable Fee (and taxes, if applicable) and any other charges as agreed between the Parties.
    5. If EDITPAINTS does not receive payment from your verified payment method on the due date, you shall immediately pay all amounts due to EDITPAINTS upon request. Should EDITPAINTS be unable to collect all such outstanding amounts, EDITPAINTS may in its sole discretion close and cancel your User Account and access to the Services without any notice to you.
    6. You agree to notify EDITPAINTS of any billing queries and errors within thirty (30) days after receipt of your respective invoice. Should you not notify EDITPAINTS of any billing queries and/or errors, this absence of notification on your part shall be deemed to constitute your waiver of your right to dispute such queries and errors later.
    7. EDITPAINTS reserves the right to change the Fees for the Services at any time in its sole discretion.
    8. Under these Terms, the term “Taxes” shall mean taxes, charges, duties, fees, levies, and other charges of a governmental authority, including income, withholding, social security, social contribution, transfer, sales, use, value-added and all other taxes of any kind for which a Party may have any liability imposed by any governmental authority, whether disputed or not, any related charges, interest or penalties imposed by any governmental authority, and any liability for any other person as a transferee or successor by Law, contract or otherwise. You shall be responsible for the payment of all Taxes associated with the purchase of the Services. You shall not deduct from the payments due to EDITPAINTS, any Taxes, except as is required by applicable law.
  10. Refund and Cancellation Policy
    1. Except as set out in this section, all sales are final. EDITPAINTS sell digital content and therefore all online purchases are Non-refundable.
    2. However, if you are a resident of a country in which refund is mandatory by the applicable law, EDITPAINTS shall provide you with a refund for the Online Seminar Services purchased by you on the Website for a period of 14 days beginning with the day after purchase. However, EDITPAINTS reserve the right, in it's sole discretion, to limit or deny refund request in cases we believe there is refund abuse such as: (1) a significant portion of the Online Seminar was watched or opened or viewed or downloaded; (2) multiple refunds have been requested by the same user; (3) refund request by a suspended or disabled user account; (4) any case in which EDITPAINTS suspect there is a refund abuse; To request a refund, you must send an email to [email protected]
      Please note that once you access or download the Online Seminar services, there is a possibility you will no longer have the right to cancel your purchase and get a refund.
  11. Intellectual Property
    1. All content, the Online Seminar, videos, trademarks, third-party logos and names, data, software, or information contained in any materials, or documents used by EDITPAINTS in relation to the Website and Services, including, but not limited to, any and all copyrighted works, databases, text, tools, software, technology, algorithms, graphics, icons, designs, logos, hyperlinks, domain names, codes, and agreements (“Materials”), are the sole and exclusive property of or are licensed to EDITPAINTS and as such all updates and modifications to the Website and Services will vest in us or our licensors. You may not reproduce, distribute, or copy the Materials by any means, whether electronically or not.
    2. Any and all intellectual property rights in the Materials, Website and Services, including all patents, rights in inventions, rights in designs, trademarks, trade and business names and all associated goodwill, rights to sue for passing off or for unlawful competition, copyright, moral rights and related rights, rights in databases, topography rights, domain names, rights in information (including know how and trade secrets) and all other similar or equivalent rights existing in the Materials and Services, now or in the future in any part of the world, in each case whether registered or unregistered and including all applications for, and renewals or extensions of, such rights for their full term (“EDITPAINTS’ Intellectual Property Rights”), vests solely and exclusively in EDITPAINTS, its group affiliates (if any), licensors or vendors, as the case may be. All rights not expressly granted by EDITPAINTS to you are reserved by EDITPAINTS. Save as expressly set out herein, you shall not acquire any right, title, or interest in EDITPAINTS’s Intellectual Property Rights.
  12. No Provision of Professional Advice
    1. The Services and any opinions, advice, statements, or other information available on the Website, are provided for informational and educational purposes only. EDITPAINTS shall not be responsible or liable for (1) the accuracy, usefulness or availability of any information transmitted via the Website and/or Services, and (2) any business or personal decisions made by you which is based on any information made available to you on the Website and/or Services.
    2. EDITPAINTS is not a business consultant or advisor and as such has no intention of providing you with legal, tax, financial, trading, business or investment advice. Your personal and business situation is unique, and as such, any information and advice obtained through the Services may not be appropriate or suitable for your situation. Accordingly, before making any decisions or implementing any business strategy, it is recommended that you consider obtaining additional information and advice from a professional business advisor who shall be privy to the details of your individual business situation.
  13. Disclaimer of Warranties
    1. Unless otherwise provided under these Terms, the Services shall be provided by EDITPAINTS to you "as is," and “as available” with all faults, defects, bugs, and errors.
    2. EDITPAINTS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO YOUR USE OF THE SERVICES ON THE WEBSITE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, OR INTEGRATION. SUCH EXCLUSIONS OF IMPLIED WARRANTIES APPLY WITHIN THE EXTENT PERMITTED BY LAW.
    3. EDITPAINTS AND/OR ITS GROUP AFFILIATES (IF ANY), LICENSORS AND VENDORS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, ACCURACY, RELIABILITY OR COMPLETENESS OF (1) THE INFORMATION CONTAINED ON THE WEBSITE AND SERVICES, AND (2) RELATED GRAPHICS PUBLISHED ON THE WEBSITE AND SERVICES FOR ANY PURPOSE. EDITPAINTS AND/OR ITS GROUP AFFILIATES (IF ANY) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION CONTAINED ON THE WEBSITE AND SERVICES, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. 
    4. YOU ACKNOWLEDGE THAT THE INFORMATION AND RELATED GRAPHICS PUBLISHED ON THE WEBSITE AND/OR SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS AND CHANGES.
    5. NEITHER EDITPAINTS NOR ITS GROUP AFFILIATES (IF ANY), LICENSORS AND VENDORS MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE INFORMATION THAT MAY BE AVAILABLE ON THE WEBSITE AND SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE ELEMENTS OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE YOUR COMPUTER SYSTEM, DATA OR PERSONAL INFORMATION.
    6. EDITPAINTS PROVIDES YOU WITH THE SERVICES ON THE WEBSITE IN GOOD FAITH AND AS SUCH MAKES NO WARRANTY THAT (1) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (2) YOUR ACCESS TO OR USE OF THE WEBSITE AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (3) ANY DEFECTS ON THE WEBSITE AND/OR SERVICES WILL BE CORRECTED, OR (4) THE WEBSITE AND SERVICES OR ANY SERVER THROUGH WHICH YOU ACCESS THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
    7. THE INFORMATION FOUND ON THE WEBSITE AND WITHIN THE ONLINE SEMINAR IS ONLY FOR INFORMATIONAL PURPOSES ONLY. EDITPAINTS WILL NOT BE HELD RESPONSIBLE FOR ANY DAMAGES THAT MAY BE INCURRED BY YOU AS A RESULT OF SUCH INFORMATION. ALL INFORMATION AND CONTENT ON THE WEBSITE AND ONLINE SEMINAR IS COPYRIGHTED, AND MAY NOT BE REPUBLISHED, COPIED, SOLD OR POSTED ANYWHERE ONLINE OR IN PRINT. DOING SO WILL BE AGAINST THE LAW.
    8. EDITPAINTS DOES NOT WARRANT OR GUARANTEE THAT ANY SUCCESSFUL COMMERCIAL RESULTS OR PROFITS WILL BE OBTAINED BY YOU AS A RESULT OF USING THE WEBSITE AND SERVICES. AS SUCH, EDITPAINTS WILL NOT BE LIABLE FOR ANY FAILURE, OR ANY LOSS OR DAMAGES INCURRED/SUSTAINED BY YOU, AS REGARDS TO YOUR USE OR INABILITY TO USE THE WEBSITE AND SERVICES. 
    9. EDITPAINTS EXPRESSLY EMPHESIZE THAT THE INFORMATION FOUND ON THE WEBSITE AND WITHIN THE ONLINE SEMINAR IS ONLY FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. EDITPAINTS DOES NOT ENCOURAGE ANYONE TO PERFORM ANY KIND OF TATTOO OR OTHERWISE USE ANY TECHNUIQ SHOWN IN THE ONLINE SEMINAR UNLESS YOU HAVE THE KNOWLEDGE AND EXPERIENCE AND PROPPER MEDICAL AND PROFFESIONAL SUPERVISION AND IN ANY EVENT EDITPAINTS WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND.
    10. EDITPAINTS WILL NOT BE LIABLE UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT OR CONTRACT) FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST DATA OR LOST PROFITS.
    11. EDITPAINTS NOR ANY OF ITS OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES SHALL, NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO OTHER PARTY FOR ANY LOSS OF PROFITS, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, EVEN IF EDITPAINTS IS INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. 
    12. IN ANY EVENT, EDITPAINTS'S LIABILITY SHALL BE LIMITED TO THE AGGREGATE CONSIDERATION RECEIVED BY YOU DURING THE 12 MONTHS PERIOD PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
    13. EXTERNAL SITES. The Website may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience and not as an endorsement by EDITPAINTS of the content on such External Sites. The content of such External Sites is developed and provided by others. EDITPAINTS should contact the site administrator or webmaster for those External Sites if EDITPAINTS has any concerns regarding such links or any content located on such External Sites. EDITPAINTS is not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
  14. Indemnification
    1. You agree to indemnify and hold EDITPAINTS harmless from and against any liability, demand, damages, cost, or expense arising from any third-party claim based on: (1) your violation of these Terms; (2) your use or misuse of the Services; (3) your access and participation in the Services; and/or (4) your infringement of EDITPAINTS’ Intellectual Property Rights. EDITPAINTS shall indemnify and hold you harmless from and against any liability or expense arising from a third-party claim based on any gross negligence or intentional misconduct of EDITPAINTS.
    2. In the event of a claim subject to indemnification hereunder, the indemnified Party shall: (1) promptly notify the indemnifying Party of the claim, (2) provide the indemnifying Party with reasonable cooperation and assistance, at the indemnifying Party’s expense, to defend such claim; and (3) allow the indemnifying Party the opportunity to assume the control of the defense and settlement of such claim. The indemnified Party shall be entitled to participate in the defense of such claim and to employ counsel at its own expense to assist in the handling of such claim. The indemnifying Party must obtain the prior written approval from a duly authorized signatory of the indemnified Party prior to entering any settlement affecting the indemnified Party’s rights.
  15. Limitation of Liability
    1. EDITPAINTS, ITS AFFILIATES (IF ANY), ITS LICENSORS, VENDORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD-PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE WEBSITE AND/OR FROM YOUR USE OR INABILITY TO USE THE SERVICES, EVEN IF EDITPAINTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    2. WHILE EDITPAINTS STAKES PRECAUTIONS AGAINST SECURITY BREACHES, NO WEBSITE OR INTERNET TRANSMISSION IS COMPLETELY SECURE, AND AS SUCH, EDITPAINTS AND ITS AFFILIATES (IF ANY), LICENSORS, AND VENDORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM UNAUTHORIZED ACCESS, HACKING, DATA LOSS, OR OTHER BREACHES THAT MAY OCCUR ON THE WEBSITE AND/OR THROUGH YOUR USE OF THE SERVICES.
    3. YOU ACKNOWLEDGE THAT THE WEBSITE IS FOR EDUCATIONAL PURPOSES ONLY, AND ANY MATERIAL OR INFORMATION CONTAINED IN THE SERVICES ARE FOR GENERAL INFORMATIONAL PURPOSED ONLY.
    4. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, EDITPAINTS (INCLUDING ITS AFFILIATES (IF ANY), ITS LICENSORS, VENDORS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS) LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION, SHALL AT ALL TIMES BE LIMITED TO A MAXIMUM OF THE TOTAL AMOUNTS PAID BY YOU TO EDITPAINTS FOR THE SERVICES DURING THE 12 MONTHS PERIOD PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
  16. Third Party Links, Resources and Ads
    1. The Website and/or Services may contain links and/or ads to third-party websites or resources. You acknowledge and agree that EDITPAINTS shall not be responsible or liable for: (1) the availability or accuracy of such websites or resources; or (2) the content, products, or services on or available from such websites or resources. Links and ads to such websites or resources do not imply any endorsement by EDITPAINTS of such websites or resources or the content, products, or services available from such websites or resources.
    2. Your communications, interactions, or business transactions/dealings with any third party found on or through the Website and/or the Services, including any such third party’s terms, conditions, warranties or representations associated with such communications, interactions or business transactions/dealings, shall be solely between you and such third party. You acknowledge and agree that EDITPAINTS shall not be liable for any loss or damage incurred by you as the result of any communication, interaction, business transaction or other dealings you may have with any third party found through (1) the Website and/or (2) your use of the Services.
  17. Privacy Policy
    1. EDITPAINTS’ Privacy Policy, available at https://editpaints.com/privacy-policy/ governs the use, storage and processing of the personal information you may provide to EDITPAINTS through your access of the Website and/or through your use of the Services. Your election to use the Services via the Website shall be deemed as your acceptance of the terms of our Privacy Policy
  18. Suspension and Termination
    1. EDITPAINTS may suspend or temporarily disable access to all or part of the Website, User Account, or Services if (1) EDITPAINTS suspects you of partaking in any illegal activity; (2) EDITPAINTS reasonably believes that you have violated these Terms; or (3) applicable law enforcement or other government agencies have requested EDITPAINTS to suspend or temporarily disable your access to the Website and/or Services.
    2. If EDITPAINTS breaches any of its obligations under these Terms, you may terminate these Terms and close your User Account. Upon, your termination of these Terms and closing of your User Account, EDITPAINTS may (1) block your access to all of the Website, (2) block your use of the Services, and (3) disable your User Account, and (4) delete all of your data in your User Account, including but not limited to your full name, address, contact information, email address and password.
    3. Upon suspension or termination all your rights and licenses granted to you hereunder shall immediately terminated.
  19. Governing Law; Dispute Resolution and Jurisdiction
    1. These Terms shall be construed in accordance with the laws of the state of Israel.
    2. If any dispute or difference shall arise between the Parties as to the meaning or application of these Terms, the rights, or liabilities of the Parties or otherwise in relation to these Terms, then (without prejudice to any other express or implied rights or powers) the dispute or difference (“Dispute") shall be determined as follows:
    3. A Party must not commence arbitration or court proceedings (except proceedings seeking interlocutory relief) relating to a Dispute arising under these Terms unless it has complied with this Section. A Party claiming that a Dispute has arisen under these Terms must give the other Party written notice of the particulars of the Dispute.
    4. In the event of a Dispute, difference or claim between the Parties hereto, arising out of the use of the Website or Services; or in any way relating to these Terms, or any term, condition or provision herein mentioned or the construction or interpretation thereof or otherwise in relation hereto, the Parties shall first endeavor to settle such difference, dispute, claim or question by mutual discussion, failing which the same shall be resolved exclusively and finally settled under the Arbitration Act - 1968 by one arbitrator appointed in accordance with the said law. The place of arbitration shall be at Tel-Aviv, Israel. The language of the arbitration shall be English / Hebrew.
  20. General Provisions
    1. Non-Exclusivity. The Parties’ respective obligations under these Terms are non-exclusive and nothing herein is intended to restrict you from accessing or using any other third-party’s services, even if such services are similar to the Services provided by EDITPAINTS to you, on the Website.
    2. Severability. If any of the provisions or portions of these Terms are held to be invalid under any applicable statute or rule of law, such provisions or portions are to that extent deemed to be omitted from these Terms without in any way invalidating or impairing the other provisions of these Terms.
    3. No Waiver. A Party’s failure or delay in enforcing any provision of these Terms will not operate as a waiver of the right to enforce such provision or any other provision of these Terms at any time. A waiver of any provision of these Terms shall be in writing, specify the provision to be waived and signed/executed by the applicable Party agreeing to the waiver.
    4. No Assignment. Neither these Terms nor any rights under these Terms may be assigned or otherwise transferred by the Parties, whether voluntarily or by operation of law, without the prior written consent of EDITPAINTS. Subject to the foregoing, these Terms will be binding upon and will inure to the benefit of the Parties and their respective successors and assigns. Any assignment in violation of the foregoing will be null and void.
    5. Notices. Except as otherwise provided under these Terms, any notice required or permitted to be given will be effective only if it is in writing and sent by certified mail, registered mail, courier or to www.Editpaints.com
    6. Entire Agreement. These Terms represents the entire agreement between the Parties relating to the subject matter hereof. These Terms alone fully and completely expresses the agreement of the Parties relating to the subject matter hereof. There are no other courses of dealing, understanding, agreements, representations, or warranties, written or oral, except as set forth herein.
    7. Contact Information. Should you have any questions concerning these Terms and/or any issues or concerns about the Website and/or Services you may contact EDITPAINTS at www.Editpaints.com.