Terms and Conditions

AGREEMENT BETWEEN USER AND BRUSHANDPENCIL.COM

The BrushAndPencil.com Web Site is comprised of various Web pages operated by BrushAndPencil.com.

The BrushAndPencil.com Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the BrushAndPencil.com Web Site constitutes your agreement to all such terms, conditions and notices.

MODIFICATION OF THESE TERMS OF USE

BrushAndPencil.com reserves the right to change the terms, conditions and notices under which the BrushAndPencil.com Web Site is offered, including but not limited to the charges associated with the use of the BrushAndPencil.com Web Site.

LINKS TO THIRD PARTY SITES

The BrushAndPencil.com Web Site may contain links to other Web Sites. The linked Web Sites are not under the control of BrushAndPencil.com and BrushAndPencil.com is not responsible for the contents of any linked sites. BrushAndPencil.com is not responsible for webcasting or any other form of transmission received from any linked sites. BrushAndPencil.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by BrushAndPencil.com of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the BrushAndPencil.com Web Site, you warrant to BrushAndPencil.com that you will not use the BrushAndPencil.com Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the BrushAndPencil.com Web Site in any manner which could damage, disable, overburden, or impair the BrushAndPencil.com Web Site or interfere with any other party's use and enjoyment of the BrushAndPencil.com Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the BrushAndPencil.com Web Sites. All content on BrushAndPencil.com is a sole property of Alyona Nickelsen and is subject to copyright law. You may use materials presented on BrushAndPencil.com only by obtaining written permission from Alyona Nickelsen or by following the procedure provided for registering and opening accounts. You may use materials presented on BrushAndPencil.com for personal educational purposes only. You may not reproduce, redistribute or resell any materials from BrushAndPencil.com.

 USE OF COMMUNICATION SERVICES

The BrushAndPencil.com Web Site may contain contact pages, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with Alyona Nickelsen, with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

BrushAndPencil.com reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. BrushAndPencil.com reserves the right to terminate your account at any time after providing a notice of termination to the user.

BrushAndPencil.com reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at the sole discretion of BrushAndPencil.com.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. BrushAndPencil.com does not control or endorse the content, messages or information found in any Communication Service and, therefore, BrushAndPencil.com specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized BrushAndPencil.com spokespersons, and their views do not necessarily reflect those of BrushAndPencil.com.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO BRUSHANDPENCIL.COM OR POSTED AT ANY BRUSHANDPENCIL.COM WEB SITE

BrushAndPencil.com does not claim ownership of the materials you provide to BrushAndPencil.com (including feedback and suggestions) or post, upload, input or submit to any BrushAndPencil.com Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting BrushAndPencil.com, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. BrushAndPencil.com is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in BrushAndPencil.com sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE BRUSHANDPENCIL.COM WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BRUSHANDPENCIL.COM AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE BRUSHANDPENCIL.COM WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE BRUSHANDPENCIL.COM WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

BRUSHANDPENCIL.COM AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE BRUSHANDPENCIL.COM WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. BRUSHANDPENCIL.COM AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BRUSHANDPENCIL.COM AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE BRUSHANDPENCIL.COM WEB SITE, WITH THE DELAY OR INABILITY TO USE THE BRUSHANDPENCIL.COM WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE BRUSHANDPENCIL.COM WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE BRUSHANDPENCIL.COM WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BRUSHANDPENCIL.COM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE BRUSHANDPENCIL.COM WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE BRUSHANDPENCIL.COM WEB SITE.

TERMINATION/ACCESS RESTRICTION

BrushAndPencil.com reserves the right, at its sole discretion, to terminate your access to the BrushAndPencil.com Web Site and the related services or any portion thereof at any time after providing a notice of termination to the user.

BrushAndPencil.com reserves the right to refuse service to anyone for any, or no, reason whatsoever.

GENERAL

To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Montgomery County, Texas, U.S.A. in all disputes arising out of or relating to the use of the BrushAndPencil.com Web Site. Use of the BrushAndPencil.com Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and BrushAndPencil.com as a result of this agreement or use of the BrushAndPencil.com Web Site. BrushAndPencil.com's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of BrushAndPencil.com's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the BrushAndPencil.com Web Site or information provided to or gathered by BrushAndPencil.com with respect to such use.

SEVERABILITY

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and BrushAndPencil.com with respect to the BrushAndPencil.com Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and BrushAndPencil.com with respect to the BrushAndPencil.com Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the BrushAndPencil.com Web Site are: © Copyright Alyona Nickelsen, www.BrushAndPencil.com, and/or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.

NO RETURN AND NO REFUND POLICY

All purchases on BrushAndPencil.com website are final and without any exception we have a NO RETURN and NO REFUND policy.

By purchasing merchandise or making a payment to our site, you acknowledge that you have read and agree to NO RETURN and NO REFUND POLICY.

 

Privacy Statement

BrushAndPencil.com is committed to protecting your privacy and developing technology that gives you the most powerful and safe online experience. This Statement of Privacy applies to the BrushAndPencil.com Web Site and governs data collection and usage. By using the BrushAndPencil.com Web Site, you consent to the data practices described in this statement.

COLLECTION OF YOUR PERSONAL INFORMATION

BrushAndPencil.com collects personally identifiable information, such as your e-mail address, name, home or work address or telephone number. There is also information about your computer hardware and software that may also be automatically collected by BrushAndPencil.com. This information can include: your IP address, browser type, domain names, access times and referring Web Site addresses. This information may be used by BrushAndPencil.com for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the BrushAndPencil.com Web Site.

Please keep in mind that you directly disclose personally identifiable information or personally sensitive data through BrushAndPencil.com public contact pages.

BrushAndPencil.com is not responsible for the privacy statements or other content on Web Sites outside of the BrushAndPencil.com.

USE OF YOUR PERSONAL INFORMATION

BrushAndPencil.com collects and uses your personal information to operate the BrushAndPencil.com Web Site and deliver the services you have requested. BrushAndPencil.com may also use your personally identifiable information to inform you of other products or services available from BrushAndPencil.com and its affiliates. BrushAndPencil.com may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.

BRUSHANDPENCIL.COM DOES NOT SELL, DISCLOSE, RENT OR LEASE ITS CUSTOMER LISTS TO THIRD PARTIES. BrushAndPencil.com may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party.

BrushAndPencil.com keeps track of the Web Sites and pages our customers visit within BrushAndPencil.com, in order to determine what BrushAndPencil.com services are the most popular. This data is used to deliver customized content and advertising within BrushAndPencil.com to customers whose behavior indicates that they are interested in a particular subject area.

BrushAndPencil.com Web Sites will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on BrushAndPencil.com or the site; (b) protect and defend the rights or property of BrushAndPencil.com; and, (c) act under exigent circumstances to protect the personal safety of users of BrushAndPencil.com, or the public.

USE OF COOKIES

The BrushAndPencil.com Web Site uses "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize BrushAndPencil.com pages, or register with BrushAndPencil.com site or services, a cookie helps BrushAndPencil.com to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same BrushAndPencil.com Web site, the information you previously provided can be retrieved, so you can easily use the BrushAndPencil.com features that you customized.

You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the BrushAndPencil.com services or Web sites you visit.

SECURITY OF YOUR PERSONAL INFORMATION

BrushAndPencil.com secures your personal information from unauthorized access, use or disclosure. BrushAndPencil.com secures the personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other Web sites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol.

CHANGES TO THIS STATEMENT

BrushAndPencil.com will occasionally update this Statement of Privacy to reflect company and customer feedback. BrushAndPencil.com encourages you to periodically review this Statement to be informed of how BrushAndPencil.com is protecting your information.