TERMS & CONDITIONS 

Please read these terms and conditions (“Terms”) carefully before using the Paint to Pledge’s website or placing a submission or an order with us. If you are under 18, be sure to get a parent or guardian to read through these Terms and to discuss them with you.

These Terms apply to the entire contents of our website and to any correspondence by email between us and you. Our privacy statement (privacy and cookie policy) also forms part of these Terms and should be read in addition. Some parts of our website may also contain additional rules which apply in addition to these Terms.

General provisions – these apply when you visit or use Paint to Pledge website including when you donate or contribute to, or purchase from, Paint to Pledge website:

  1. Changes – we may change these Terms at any time, in which case the amended Terms will be posted on our websites and will apply from the date we post them, with the exception that any submissions or orders that we have already accepted from you before the new Terms are posted will continue to be subject to the Terms in force when your submission or order was accepted. Please check these Terms on each occasion you use our websites. If you continue to use our sites you will be bound by the latest Terms.
  2. Using our site – you agree to only use our site in a manner that complies with all applicable laws and regulations and is consistent with these Terms and does not infringe the rights of anyone else, nor restrict or inhibit their use and enjoyment of our site (including, without limitation, by hacking). We reserve the right in our sole discretion to deny any user access to our website without prior notice.
  3. Registration – you may access and use most parts of our websites without registering your details with us. To take part in certain activities on our website, you need to register with us. Each registration must be for a single user only. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You must make sure that you keep your password confidential. This means that you must not share your password or let anyone else access your account. Always ensure you log out of your account at the end of your session to avoid anyone else using it. You should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if your password is being, or is likely to be, used in an unauthorized manner. We may disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.
  4. Privacy Statement– we use, store and process information about you in accordance with our Privacy statement. By using our website, you consent to such use, storage and processing.
  5. Website content and user-added content
    1. If you have a complaint about any content on any of our websites, please notify us immediately by emailing ussetting out: –
      • Your name, company or organization name if relevant, contact details (both a land address, telephone number and email);
      • Details of the exact content complained of and details of why you are complaining about that content; and
      • Confirmation from you that the information you have provided is accurate, complete and not misleading. Please note that no action can be taken without this information.
  1. You must not post or transmit to this website any material:-
    • That is knowingly false or misleading, defamatory, illegal, abusive, vulgar, hateful, harassing, liable to incite racial hatred, blasphemous, discriminatory, pornographic, sexually oriented, threatening or invasive of a person’s privacy;
    • Which you do not own or for which you have not obtained all necessary licenses and/or approvals;
    • Which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data); or
    • Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with anyone or any entity.
  1. If you post or transmit to any of our websites any material of the type prohibited under above terms and we incur any costs, expenses, liability or losses as a result then you agree to indemnify us for all such costs, expenses, liability or losses.
  2. If you post or transmit any material to any of our websites: –
    • You grant us the right to use, reproduce, modify and publish such material elsewhere in our websites and publications;
    • You grant us the right to use the name that you submit in connection with such content; and
    • We shall be entitled to reveal your identity (or any information which we have about you) to any third party who is claiming that any of that material violates any of their rights or to any government or regulatory authority that is entitled to require us to do so.
  1. We may remove or edit any material or posting you make on any of our websites at any time.
  1. Intellectual Property (IP) Rights
    1. You acknowledge that all copyright, trademarks and other intellectual property rights in our website and all photographs, footage, designs, images, text, software, data and other material in our sites or generated by our site are owned by us or our licensors. You are permitted to use the site and this material only as expressly authorized by us.
    2. Furthermore, you acknowledge and accept that any and all action, participation or endeavor you may individually add either solely or jointly with others to Paint to Pledge’s initiatives or campaigns or any other of its activities resulting in any work, deliverable or result are of Paint to Pledge’s IP sole ownership, thus, if any in your legal domain, assigning and granting or waiving to Paint to Pledge all rights, title and interest in and to such Intellectual Property (including any moral rights thereto).
    3. You are permitted to print and download extracts from our website for your personal non-commercial use and for private study or teaching purposes, provided in each case that:-
      • Copyright and source indications are also printed and copied;
      • No modifications are made to the materials and they are not used as part of any other publication;
      • Any document is printed and copied entirely and is not used in a derogatory or misleading context; and
      • The material is not used in a manner which may damage our reputation or otherwise be harmful to us or impair our ability to achieve our charitable objects.
  1. No other use of material in our website may be made without first obtaining our written permission. In particular, you must not do the following unless you have first obtained our written permission:-
    • Incorporate any material from our site in any other work or publication, whether in hard copy or electronic form; or
    • Make any commercial use or publication of any material on our sites (other than as necessary for the purpose of viewing the site in the course of business).
  2. If you wish to use any material from any of our site other than in accordance with terms above, please emailyour request.
  3. The photographic, text and other graphic images within any products or publications supplied to you are copyright works and none of them may be copied, reproduced, licensed or otherwise exploited.
  4. The PAINT TO PLEDGE name and logo are protected under law. Other logos and names used on our site may be trademarks of PAINT TO PLEDGE or their respective owners. No permission is given by us in respect of the use of any such trademarks, names or logos and such use may constitute an infringement of the holder’s rights.
  5. Whilst we encourage our supporters to campaign on the issues referred to on our website, please do not imply that you are taking action on behalf of PAINT TO PLEDGE and in particular do not state that PAINT TO PLEDGE is taking, or proposes or is considering taking, action against individuals or organizations, for example, a boycott of a company’s products.
  6. Any rights not expressly granted in these terms are reserved.
  1. Disclaimers
    1. The information provided in our website is intended to provide general information only and, as such, should not be considered as a substitute for advice covering any specific situation.  While we endeavor to ensure that the information on our website is correct, we do not warrant the accuracy and completeness of that information. The material on our website may be out of date, and we make no commitment to update such material. We may make changes to the material on our website, or to the items, initiatives, products, values or prices described in them, at any time without notice.
    2. The articles and products which are or may be supplied via our website have been or will be designed to comply with the statutory legal requirements and relevant safety standards of Portugal. We can therefore make no representation or warranty that any product provided via or referred to in our site is compliant with health, safety or other legal requirements which apply outside Portugal or are otherwise suitable for use outside of Portugal. You may not access our sites from countries where their contents are illegal or unlawful. If you do access our sites from locations outside Portugal, you do so on your own initiative and are responsible for compliance with local laws.
    3. We take every reasonable care to ensure that all orders, donations and possible subsequent transactions are conducted via a secure link. However, the security of information and payments transmitted via the Internet cannot be guaranteed and as we are not responsible for the operation of the secure link we will not, unless we are negligent, be liable for any loss you may suffer if a third party obtains unauthorized access to any information you provide.
    4. We do not warrant that the functions contained in our sites will be uninterrupted or error free, that defects will be corrected, or that our sites or the servers that make them available are free of viruses or bugs or represent full functionality, accuracy, or reliability of the materials. We will not be liable for any loss, disruption or damage to your data or your computer system or any other damages (including amongst other losses, loss of profit or loss of use) arising out of your use or delay or inability to use our sites, their content or any link to another website arising in contract, tort (including negligence) or otherwise.
  2. Liability
    1. We will not be liable for any loss or damage caused by us or our employees or agents in circumstances where: –
      • Loss or damage was not reasonably foreseeable to both you and us when you commenced using our site or when a contract for the supply of products by us to you was formed;
      • Loss or damage was not caused by any breach by us, our employees or agents; or
      • Loss or damage relates to business and/or non-consumers (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure).
  1. Links
    1. Our site may contain links to third party websites. Such links are provided for your convenience only. We do not necessarily control such websites and are not responsible for their contents. The mere inclusion of such links does not imply any endorsement of the material on those websites or any association with their operators. If you decide to access any of the third-party websites linked to or from our websites, you do so entirely at your own risk. We cannot guarantee that these links will work all the time and we have no control over the availability, reliability or security of the linked pages.
    2. If you wish to link from your website to any pages of our sites you may do so only on the basis that you link to, but do not replicate, the website page, and subject to the following conditions:-
      • The linking text must simply consist of the website address;
      • You do not remove, distort or otherwise alter the size or appearance of any logos on our sites;
      • You do not in any way imply that we are endorsing any products or services;
      • You do not misrepresent your relationship with us nor present any other false information about us;
      • You do not otherwise use any PAINT TO PLEDGE trademarks displayed on our site without our express written permission;
      • You do not link from a website that is not owned by you; and
      • Your website does not contain content that is distasteful, pornographic, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
  1. At any time and at our complete discretion we reserve the right to withdraw the permission to make website links to our sites.
  1. Payments– your credit or debit card details may be held within our system to help in the event of a problem with your donation or order or if you request a refund.
  2. If any provisions of these Terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any country which apply to these Terms, then so far as these Terms apply within that country in which those provisions are illegal, invalid or unenforceable those provisions shall be severed and deleted from these Terms and the remaining provisions of these Terms shall survive, remain in full force and effect and continue to be binding and enforceable.
  3. If you breach these Terms and we take no action, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach these Terms.
  4. Events beyond our control– we will not be liable to you for any delay in delivering any services or order or for breach of our obligations, if the delay or breach is due to acts of God, civil commotion, riots, malicious damage, floods, drought, fire, legislation, failure of ISP or telecommunications provider or any other cause beyond our reasonable control. This does not affect your statutory rights.
  5. Law, courts and language– these Terms, use of our sites and the supply of products and services by us are governed by and to be interpreted in accordance with Portuguese law. In the event of any dispute arising in relation to these Terms, use of our site or in relation to the supply of any products or services by us the Portuguese legal courts will have jurisdiction over the dispute. These Terms and our website are provided in the English language, but we may add other at our sole discretion.
  6. Final provisions –All orders for items or products are subject to availability and we reserve the right to refuse to supply to any individual or company.
  7. Your submission of an order represents an offer to purchase the items or products indicated by you and is not binding on us until we have accepted your order. This means that if an item or product is shown on our sites but is not available or is incorrectly valued or priced or otherwise incorrectly described or if we are unable to arrange delivery to your address, we will not be obliged to deliver or sell you that article.
  8. Shortly after we receive your order, we will acknowledge it by email, detailing the items or products you have ordered. This email is issued automatically and does not mean that your order is accepted.
  9. Acceptance of your order for an item or product and completion of the contract between you and us will take place when we dispatch the article to you. Any articles on the same order which we have not dispatched to you do not form part of that contract.
  10. The price or value you pay is the price or value displayed on our site at the time we receive your order apart from where an error has occurred in displaying the price or value. While we try and ensure that all prices or values on our sites are accurate, errors may occur. If we discover an error in the price or value of articles you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or value or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the articles, you will receive a full refund.
  11. All sizes and dimensions of articles as indicated on our sites are approximate, but we make every effort to make sure they are as accurate as possible. We have made every effort to display as accurately as possible the colors of the images that appear on our sites. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will accurately reflect the color of the item on delivery.
  12. We do not file details of your order for you to subsequently access direct on this website.
  13. Payment – We accept PayPal. We cannot accept payment by cheque for orders made via the internet.

These Terms do not affect your statutory rights as a consumer.

 

 

 INITIATIVE RULES

 

  1. The user is entitled to enter the initiative by providing an amount, the minimum of which, for logistical reasons, is set by Paint to Pledge, which will integrate the global amount to be donated to partners NGOs as per due agreements.
  2. Membership is processed by filling in a form, called Profile, with, as much as needed, complete, true, accurate and bona fide information, which may contain or to which the user may associate a personal proper photograph and a short text or comment alluding to the initiative on decent terms (Paint to Pledge having the right to review its adequacy).
  3. The membership submission implies the user’s statement on honor that the origin of the value delivered is entirely lawful and compliant with laws, regulations, procedures, rules, standards, and requirements related to anti-money laundering (AML).
  4. Paint to Pledge ensures that the amount collected during the execution period of the initiative, minus estimated amounts for Paint to Pledge’s endeavors and administrative, management and maintenance charges and expenses with the creation, development, and implementation of the project, will be equitably or fairly donated to existing partners NGOs.
  5. With the delivery of value, the user may, in addition to other options that Paint to Pledge may make available, choose a color from the approximately 16,000 million available and a space/location to place it on a virtual canvas conceived and executed by Paint to Pledge, in a digital painting composition that, under full and exclusive ownership, including Authorship and all Intellectual Property Rights, of Paint to Pledge, and its close supervision, will consist of the set of interventions and of, or around of, 1,000,000 dots, pixels or n pixels spaces, according to what will be technically defined.
  6. The result should or will be a pictorial composition of an abstract, composite, spontaneous and philanthropic nature, while Paint to Pledge, despite favoring the free flow picture’s advent, reserves the privilege or right to intervene in it, with specific creative amendments, as it finds convenient, at any time, at its sole discretion and in fair or any measure, mainly, but not limited to, if it understands or is understandable that the ongoing result suggests or may or will suggest, though by mere chance, a shape, or idea or connotation, unethical, anti-humanitarian, politically oriented, obscene, or anyways offensive or contrary to Paint to Pledge’s, or Paint to Pledge’s partners, own values.
  7. The estimated course period of the initiative is one year, and the work (the original digital painting) will be considered executed when Paint to Pledge decides it is concluded: as merely indicative, when it reaches 1,000,000 (one million) offered dots, pixels, or spaces of n pixels, or around it.
  8. Termination, as well as delay, interruption or suspension, could also be caused by or resulting from Acts of God, or any force majeure’s event beyond human reasonable control.
  9. Paint to Pledge is, and as long it resolves to be, shall and will be, the only and exclusive holder of the author’s rights over the work (as above defined) in both the economic rights in the work (copyright) and the moral rights of, or related to, its authorship, thus possessing the exclusive rights of, among others, primarily all the ones included in the Intellectual Property Rights sphere, its reproduction, or exhibition, in any form, distribution, public performance, public display, and to allow to others to any of the referred, and of modification of the original work, as well as the right to transact on it and benefit from; accordingly, one of the several effects to be warned: the work of creation resulting from this Paint to Pledge Initiative cannot be anyways used without the express permission or authorization of Paint to Pledge, as its full rights holder.