TERMS AND CONDITIONS OF USE:
THIS PRODUCT AGREEMENT AND TERMS OF USE (“AGREEMENT”) CONTAINS THE TERMS AND CONDITIONS UPON WHICH YOU MAY PURCHASE AND USE OUR PRODUCTS THROUGH THE WWW.PAINTWITHPEARLCOM WEBSITE AND ALL OTHER WEBSITES OWNED AND OPERATED BY Kandypearls AND ITS AFFILIATES (“SITE”). BY SUBMITTING YOUR ORDER, YOU ARE ACKNOWLEDGING YOU SIGNIFY YOUR ACCEPTANCE OF THE AGREEMENT.
1. Kandypearls will not be held responsible for damage to property or vehicles by any mis-use of any products. By placing an order with us, the buyer agrees to accept full responsibility for the outcome of any project that he or she undertakes using our products, and that proper use of our products will be determined by Kandypearls in the event that there is a conflict between the user of Kandypearls products and Kandypearls.
2. Kandypearls will not be held responsible for the longevity of any coatings that are applied using its products, nor is it implied that any warranty will be provided regarding the longevity of any of PaintWithPearl.com’s products.
Other Legal Stuff:
1. Site Security You are prohibited from violating, or attempting to violate, the security of this site. Any such violations may result in criminal and/or civil penalties against you. We will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations. Violations of the security of the site include without limitation: logging into or attempting to log into a server or account that you are not authorized to access; accessing data or taking any action to obtain data, information or services not intended for you or your use; attempting to probe, scan or test the vulnerability of any system or network; tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures; transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or other computer programming routines or engines or engage in conduct that could damage, disrupt or otherwise impair or interfere with a computer’s functionality or the operation of the site. 2. Other Prohibited Activity. In using this site, you must not: post, send or otherwise transmit to or through the site any unlawful, infringing, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, hateful or otherwise objectionable material of any kind, any material that exploits children or is invasive of or in breach of another person’s privacy or other rights or any material that Kandypearls in its sole discretion does not wish posted or transmitted on the site; defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; upload or otherwise make available, files that contain images, software or other material protected by intellectual property laws, including without limitation copyright or trademark laws and rights of publicity and privacy unless you own or control the rights thereto or have received all necessary authorizations to do the same; misrepresent your identity or affiliation in any way; engage in deceptive online marketing; violate any applicable laws or regulations; or assist or permit any persons in engaging in any of the activities described above. 3. User Submissions You must exercise caution, good sense and sound judgment in using the site. You are responsible for any material you place on or transmit to or through the site. You agree, represent and warrant that any information you post to or transmit through the site is truthful, accurate, not misleading and offered in good faith, and that you have the right to post or transmit such information. Such information (including without limitation, data, text, software, graphics or any other materials whatsoever), whether publicly posted or privately transmitted, is your sole responsibility. 4. Unsolicited Ideas Kandypearls does not accept or consider unsolicited ideas, including ideas for new promotions, products, technologies, or processes. You must not transmit any material to or through this site that you consider to be confidential or proprietary. Any material that you transmit to or through this site will be considered non-confidential and non-proprietary. This policy serves to avoid potential misunderstandings or disputes regarding ownership of ideas. Except as expressly provided in the Privacy Statement or separate written agreement between you and Kandypearls, you give Kandypearls an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transit and distribute such information. You further agree that Kandypearls has the right to use, without any payment or accounting to you or others, any concepts, know-how or ideas that you (and those who act on your behalf) transmit to or through this site. 5. Copyright The material made available at this site is protected by copyright. No material from this site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without written permission of the copyright owner, except that you may download one copy of the materials on any single computer and produce one printed copy for your personal, noncommercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Kandypearls’s copyright and other proprietary rights. Permission for all other uses of materials contained herein, including reproducing and distributing multiple copies, or linking to any page at this site except the “home page” (https://www.PaintWithPearl.com), must be obtained from Kandypearls in advance. Requests for such authorization should be sent via email. For purposes of this Agreement, the use of any such material on any other website or networked computer environment is prohibited. All design rights, databases and compilation and other intellectual property rights, in each case whether registered or unregistered, and related goodwill are proprietary to Kandypearls. In the event you download software from the site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by Kandypearls. Kandypearls does not transfer title to the Software to you. You may own the medium on which the Software is recorded, but Kandypearls retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form, except to the extent permitted by applicable law and on giving Kandypearls prior written notice of such activities. 6. Trademarks All trademarks, service marks, logos and trade names, whether registered or unregistered, are proprietary to Kandypearls or to other companies where so indicated. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of the appropriate owner thereof. 7. Links to Other websites As you view this site, you will notice links to other non-Kandypearls websites. These links are for convenience only. Certain of these linked websites may make use of Kandypearls proprietary intellectual property rights (such as trademarks, service marks, logos and trade names) under license from Kandypearls. Kandypearls is not responsible for the availability or content of these sites or for any viruses or other damaging elements encountered in linking to a third party website. In addition, providing links to these sites should not be interpreted as endorsement or approval by Kandypearls of the organizations sponsoring the sites or their products or services. 8. Jurisdictional Issues This site is controlled and operated by Kandypearls from its offices within the State of California, United States of America. Kandypearls makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to this site from jurisdictions where the contents of this site are illegal or penalized is prohibited. Software from this site is further subject to United States export controls. No information or software from this site may be downloaded or otherwise or re-exported (i) into or to a national or resident of any country to which the United States embargoes or sanctions goods, services or technology; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. 9. Termination This agreement is effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from this site and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice from Kandypearls if in Kandypearls’s sole discretion you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this site and all copies thereof, whether made under the terms of this agreement or otherwise. The provisions of this Terms of Use Statement concerning site security, prohibited activity, copyrights, trademarks, user submissions, disclaimer, limitation of liability, indemnity, governing law and jurisdiction shall survive any termination of this agreement. 10. Disclaimer The materials in this site are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Kandypearls disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Kandypearls does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. Kandypearls does not make any representations or warranties regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. 11. Limitation of Liability To the extent permitted under applicable law, under no circumstances, including, but not limited to, negligence, shall Kandypearls be liable for any compensatory, punitive, special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if Kandypearls or a Kandypearls authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, and so to that extent the above limitation or exclusion may not apply to you. In no event shall Kandypearls’s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you to Kandypearls, if any, for using this site. 12. Indemnity You agree to indemnify, defend and hold Kandypearls, its affiliates and any of its and their directors, employees, agents and contractors harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of this agreement; and/or (ii) your activities in connection with this site. 13. Disclosure; Forward-Looking Statements Cautionary Statement Relevant to Forward-Looking Information for the Purpose of “Safe Harbor” Provisions of the Private Securities Litigation Reform Act of 1995 Some pages on Kandypearls.com contain forward-looking statements relating to Kandypearls’s operations that are based on management’s current expectations, estimates and projections about the petroleum, chemicals and other energy-related industries. Words such as “anticipates,” “expects,” “intends,” “plans,” “targets,” “projects,” “believes,” “seeks,” “schedules,” “estimates,” “budgets” and similar expressions are intended to identify such forward-looking statements. These statements are not guarantees of future performance and are subject to certain risks, uncertainties and other factors, some of which are beyond the company’s control and are difficult to predict. Therefore, actual outcomes and results may differ materially from what is expressed or forecasted in such forward-looking statements. The reader should not place undue reliance on these forward-looking statements, which speak only as of the date of this report. Unless legally required, Kandypearls undertakes no obligation to update publicly any forward-looking statements, whether as a result of new information, future events or otherwise. Among the important factors that could cause actual results to differ materially from those in the forward-looking statements are: changing crude oil and natural gas prices; changing refining, marketing and chemical margins; actions of competitors or regulators; timing of exploration expenses; timing of crude oil liftings; the competitiveness of alternate-energy sources or product substitutes; technological developments; the results of operations and financial condition of equity affiliates; the inability or failure of the company’s joint-venture partners to fund their share of operations and development activities; the potential failure to achieve expected net production from existing and future crude oil and natural gas development projects; potential delays in the development, construction or start-up of planned projects; the potential disruption or interruption of the company’s net production or manufacturing facilities or delivery/transportation networks due to war, accidents, political events, civil unrest, severe weather or crude oil production quotas that might be imposed by the Organization of Petroleum Exporting Countries; the potential liability for remedial actions or assessments under existing or future environmental regulations and litigation; significant investment or product changes under existing or future environmental statutes, regulations and litigation; the potential liability resulting from other pending or future litigation; the company’s future acquisition or disposition of assets and gains and losses from asset dispositions or impairments; government-mandated sales, divestitures, recapitalizations, industry-specific taxes, changes in fiscal terms or restrictions on scope of company operations; foreign currency movements compared with the U.S. dollar; the effects of changed accounting rules under generally accepted accounting principles promulgated by rule-setting bodies; and the factors set forth under the heading “Risk Factors” in Kandypearls’s Annual Report on Form 10-K for the year ended December 31, 2011. In addition, such statements could be affected by general domestic and international economic and political conditions. Unpredictable or unknown factors not discussed in Kandypearls’s Annual Report on Form 10-K for the year ended December 31, 2011 could also have material adverse effects on forward-looking statements. 15. Other As used throughout this site, the term “Kandypearls” and such terms as “the company,” “the corporation,” “our,” “we” and “us” may refer to one or more or all of Kandypearls Corporation’s consolidated subsidiaries. All of these terms are used for convenience only and are not intended as a precise designation of any of the separate companies, each of which manages its own affairs. This agreement shall be governed by and construed in accordance with the laws of the State of Colorado, without giving effect to any principles of conflicts of law. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing.