Terms and Conditions

Terms of Use


Frazee Paint Web Site Terms of Use

These Terms of Use were last updated on December 30, 2007

PLEASE READ THESE TERMS CAREFULLY. By using the Frazee Paint Web site (Web Site) at
Frazeepaint.com or www.Frazeepaint.com or by otherwise accessing any content found on this Web Site, you are deemed to have entered into an agreement with the Frazee Paint and to have agreed to be bound by the terms set out below. If you violate any of the Terms your permission to use this Web Site
automatically terminates. The Web Site is owned and operated by Frazee Paint.

Definitions – as used in these Terms:

  • “Web Site” means the Frazeepaint.com (www.Frazeepaint.com) Web site.
  • “We,” “Our,” “Us” and “Frazee Paint” refer to our company, Frazee Paint.

Changes to these Terms:

  • WE MAY AMEND THESE TERMS AT ANY TIME WITHOUT PRIOR NOTICE BY POSTING THE
    AMENDED TERMS ON THE WEB SITE. USE OF THE WEB SITE FOLLOWING ANY SUCH
    CHANGE CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THE TERMS
    AS CHANGED. For this reason, you should review these Terms whenever you use the
    Web Site. If you do not agree to be bound by changes to the Terms, you should not use
    the Web Site any further after the changes in question are published. These Terms were
    last revised on December 30, 2007.

Use of Frazee Paint content and intellectual property protection:

  • 3.1 Material on the Web Site, including but not limited to text, software, code, graphics,
    images, data, audio and video (collectively, the “Materials”), is owned by the Frazee
    Paint or third-party licensors. Frazee Paint and/or third-party licensors retain all
    proprietary rights to the Materials, including all intellectual property rights associated
    therewith (e.g., copyrights, patents, trademarks, trade secrets and know-how – Contact
    marketing@Frazeepaint.com for specific trademark information on the emblem or other proprietary details). Unless otherwise indicated on the Web Site, except for
    downloading one copy of the Materials for your personal, noncommercial use and/or printing copies of the Materials for such use, you may not sell, modify, reproduce, display, publicly perform, prepare derivative works based upon, distribute or otherwise
    use the Materials in any way without first obtaining the express written permission of the Frazee Paint. Requests for permission for uses not authorized by these Terms may be sent to:

    Frazee Paint

    Attn: Marketing

    Or emailed to marketing@Frazeepaint.com

  • 3.2 You must retain all copyright, trademark and other proprietary notices contained
    in the original Materials on any copy you make of these Materials. You may not frame
    or utilize framing techniques to enclose all or any portion of the Web Site. You may not
    use any meta tags or any other similar hidden text utilizing the Frazee Paint’s name or
    trademarks.

  • 3.3 If you violate any of this Section 3, your permission to use the Materials and the
    Web Site automatically terminates and legal action may be implemented to recuperate
    losses expressed or implied.

User Postings:

  • 4.4 As a user of the Web Site, you are responsible for your own communications and
    are responsible for the consequences of any of your postings in the public areas of the
    Web Site. By submitting any material for posting on the Web Site, you automatically
    grant (or, if you are not the owner, you warrant that the owner of such material has
    expressly granted) Frazee Paint a royalty-free, perpetual, irrevocable, nonexclusive and
    fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create
    derivative works from, distribute, perform, display and otherwise use and exploit such
    material (in whole or in part) worldwide and/or to incorporate it in other work in any
    form, media or technology now known or later developed whether a profit is realized or
    otherwise.

  • 4.5 We do not represent or guarantee the accuracy, completeness or reliability of any
    material posted by users of the Web Site nor do we endorse any opinions expressed by
    any users. You may rely on material posted by other users only at your own risk. We are
    not obligated to screen or monitor materials posted on this Web site and you may not
    assume that posted materials are reviewed, authorized and/or acknowledged as
    accurate.

  • 4.6 We may for any reason edit, refuse to post or remove without notice any materials
    posted by users. However, we have no obligation to edit, refuse to post or remove any
    material, including material that you may find objectionable or offensive or that violates
    these Terms. If you become aware of any material that violates these Terms, you may
    email such information to us at info@Frazeepaint.com. However, we do not guarantee
    that any action will be taken as a result of your contact. We reserve the right to expel any user and to prevent further access to the Web Site for any reason, including violation of these Terms or applicable law, or for no reason at all. However, we have no obligation to expel any user or to prevent further access to the Web Site.

Any Frazee Paint affiliated organization, company and/or employee may submit an
advertisement, subject to the terms and conditions of this Frazee Paint Web site for
inclusion. Commercial advertising by for-profit organizations as well as advertising
personal business products or services is prohibited unless a contractual agreement is
signed by both parties. No solicitation is allowed. Frazee Paint does not check or verify
information submitted; inclusion does not imply endorsement. Frazee Paint and/or its
divisions make no representation regarding the validity of neither information
submitted nor the quality of items listed. Frazee Paint shall not be liable, expressly or
implied, for misinformation, typographical errors or misprints in the ads,
misrepresentation of items, or damages experienced by anyone using this site or the
information contained within. Frazee Paint reserves the right to delete, without notice,
any advertisement considered inappropriate by the Frazee Paint.

Use Policies. You may not do any of the following while using the Web Site:

  • Interfere with or disrupt networks connected to the Web Site or violate the
    regulations, policies or procedures of such networks;

  • Attempt to gain unauthorized access to the Web Site, computer systems or networks
    connected to the Web Site, through password mining or any other means;

  • Interfere with another user’s use and/or enjoyment of the Web Site;
  • Upload any message, information, data, text, software, graphic files or other materials
    (“Content”) that is unlawful, harmful, threatening, abusive, harassing, tortuous,
    defamatory, vulgar, obscene, libelous, that may be invasive of another’s privacy, hateful,
    racially, ethnically or otherwise objectionable;

  • Upload content that contains a virus, corrupted file, or other harmful component;
  • Impersonate any person or entity, including, but not limited to, Frazee Paint
    personnel, or falsely state or otherwise misrepresent any affiliation with any person or
    entity, or upload any Content under a fictitious name;

  • Upload any Content that you do not have a right to upload under law or under
    contractual or fiduciary relationships (including but not limited to nondisclosure
    agreements);

  • Upload any information or grant permissions to view information to any person in a
    manner that exceeds your contractual or other legal authority;
  • Upload any unsolicited advertising, promotional materials, junk mail, spam,
    chain letters, pyramid schemes, contests, surveys, or any other form of solicitation
    (commercial or non-commercial);
  • Intentionally or unintentionally violate or encourage or assist another to violate any
    law or regulation in connection with your use or another’s use of the Web Site; or
  • Upload any Content that violates or infringes any patent, trademark, trade secret,
    copyright or any right, of whatever nature, of anyone.

Linking to the Website:

  • You may provide a link on your site to the Frazee Paint Web Site subject to the following
    requirements:

    1. You may not frame or alter the appearance or visual presentation of the Web Site.
    2. You may not state or imply that we endorse, sponsor or otherwise approve your site
      or any other sites, unless authorization is expressly provided in writing by an officer of
      Frazee Paint. Links to the Web Site may not be used in a way that implies or suggests
      that we approve or endorse you, your Web site or your goods and services, unless
      authorization is expressly provided in writing by an officer of Frazee Paint.

    3. Links may be text-based using the words: “Frazee Paint or “Frazeepaint.com” or
      graphics supplied and certified by Frazee Paint’s Marketing Department and only upon
      review and written approval for the use by an officer of Frazee Paint.

    4. You may not use the Frazee Paint logo on any site that disparages us or any of our
      affiliates, or presents false information about us or any of our affiliates.

    5. You may not use the Frazee Paint logo as a predominant feature of your site. At a
      minimum, this means that the Frazee Paint logo must appear smaller than your Web
      page title and any of your marks or logos, they may not be displayed more prominently
      than other marks or logos on your page, and they should not appear at the top of the
      page, but rather at the bottom, along the sides or in some location less prominent than
      the top.

    6. You may not use the Frazee Paint logo in any manner that would adversely affect the
      name, reputation or goodwill of Frazee Paint, or use the Frazee Paint logo on any site
      that contains any content that is unlawful, harmful, threatening, abusive, harassing,
      tortuous, defamatory, vulgar, obscene, libelous, that may be invasive of another’s
      privacy, hateful, racially, ethnically or otherwise objectionable.

    7. You may not use the Frazee Paint logo on any site that violates or infringes any patent,
      trademark, trade secret, copyright or any right, of whatever nature, of anyone, or that
      violates or encourages or assists another to violate any law or regulation.

    8. We will have no responsibility or liability for any content appearing on your Web site.
      You agree to defend, indemnify and hold harmless the Frazee Paint and its affiliates and
      their officers, directors, employees and agents, from and against any and all third-party
      claims, liability, actions, demands, costs or expenses (including, but not limited to,
      reasonable legal and accounting fees) arising from or relating to your Web site. We
      reserve the right to defend any such claim, and you agree to provide us with such
      reasonable cooperation as we may request.

    9. By linking, you acknowledge and agree that, other than as specifically set forth in
      these Terms, all rights to the Frazee Paint logo and other Frazee Paint marks and logos
      belong to the Frazee Paint. In addition, you acknowledge the validity of the Frazee
      Paint’s ownership to the Frazee Paint logo and other Frazee Paint marks and logos and
      will not contest such ownership or the validity of any registrations of Frazee Paint
      relating to such marks and logos. You agree that use of the Frazee Paint logo shall inure
      to the benefit of the Frazee Paint. If you happen to obtain any rights or goodwill in the
      Frazee Paint logo, you agree that all such rights and goodwill will automatically vest in
      the Frazee Paint and you will take all actions necessary to establish such vesting.

    10. You are prohibited from using the Frazee Paint marks or logos or any names, marks or
      other materials in a manner that is likely to cause confusion with, dilute or damage the
      reputation or image of Frazee Paint.

    11. We reserve the right at any time and in our sole discretion to request that you remove
      all links or any particular link to the Web Site from your site.

    Subject to these Terms and your compliance with the above requirements, Frazee Paint
    agrees to grant you, upon receipt of expressed written permission, a limited, non-
    exclusive, non-transferable, royalty-free license to use the Frazee Paint logo solely for
    the purpose of establishing any link that is permitted hereunder. Except for the limited
    license to use the Frazee Paint logo set forth in this paragraph, you may not use any of
    the Frazee Paint logo, trademarks or service marks for any other reason without the
    express written permission of the Frazee Paint. Frazee Paint may, at any time, in its sole
    discretion, without cause, terminate the license granted herein to use the Frazee Paint
    logo and your right to link to any pages on the Web Site. Upon our request, you agree to
    immediately remove all links to the Web Site and to cease using the Frazee Paint logo.
    Without limiting the foregoing, if you violate any of this Section 6, your license to use
    the Frazee Paint logo and your right to link to any pages on the Web Site automatically
    terminates. Thereafter, any future links to the Web Site will require the express written
    permission of the Frazee Paint.

Links to Third-Party Sites:

  • The Web Site contains links to third-party Web sites. These links are provided solely for
    your convenience. They are not an endorsement by us of the contents of such third-
    party Web sites. We are not responsible for the content or practices of linked third-
    party sites. We do not make any representations or warranties about the content or
    accuracy of materials on such third-party Web sites or the practices of such sites. If
    you decide to access linked third-party Web sites, you do so at your own risk. You are
    encouraged to review the terms of use, privacy policy, and other policies of any linked
    site, as the policies of the linked site may differ from those of this Web Site.

Submissions:

  • We welcome comments regarding our service. However, any comments,
    feedback, notes, messages, ideas, suggestions or other communications
    (collectively, “Comments”) submitted to us will be our exclusive property. Submission
    of any such Comments constitutes an assignment to Frazee Paint of all worldwide
    right, title and interest in all copyrights and other intellectual property rights in the
    Comments, and you represent and warrant that you have the right to make such an
    assignment and that such Comments do not violate or infringe any rights of anyone.
    Frazee Paint will be entitled to use, reproduce, disclose, publish and distribute any
    Comments for any purpose whatsoever, without restriction and without compensating
    you in any way. For this reason, we ask that you do not send us any Comments that
    you do not desire to assign to Frazee Paint, including any confidential information or
    any original creative materials such as stories, product ideas, computer code or original
    artwork.

Claims of Copyright Infringement:

  • If you believe that your work has been copied in a way that constitutes copyright
    infringement, please contact the Frazee Paint Marketing Department at
    marketing@Frazeepaint.com.

Indemnification:

  • You agree to defend, indemnify and hold harmless Frazee Paint and its affiliates and
    their officers, directors, employees and agents, from and against any and all third-
    party claims, liability, actions, demands, costs or expenses (including, but not limited
    to, reasonable legal and accounting fees), expressed or implied arising from or relating
    to your use of the Web Site or the Materials, material that you post to the Web Site or
    otherwise provide to Frazee Paint, or your breach or violation of these Terms. Frazee
    Paint reserves the right to defend any such claim, and you agree to provide Frazee Paint
    with such reasonable cooperation as it may request.

Disclaimer of Warranties:

  • 11.1. THE WEB SITE, THE MATERIALS AND THE LICENSED MARKS ARE PROVIDED ON AN
    AS-IS, AS-AVAILABLE BASIS WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS
    OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, Frazee PAINT, ITS AFFILIATES
    AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT
    NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR
    FITNESS FOR A PARTICULAR PURPOSE.11.2. You understand and agree that: (a) we are not responsible for the timeliness,
    mis-delivery, deletion or failure to store any information uploaded (or attempted to
    be uploaded) by you or any other user; (b) we make no warranty as to the accuracy or
    completeness of the information and services provided or obtained through the Web
    Site or the results of your use of the Web Site; (c) it is your responsibility to evaluate the
    accuracy, completeness and usefulness of all information obtained or provided through
    the Web Site; (d) we may, in our sole discretion, modify, add or discontinue any aspect,
    content or feature of the Web Site; and (e) the information on the Web Site may contain
    typographical errors or inaccuracies and may not be complete or current and, therefore,
    we reserve the right to correct any errors, inaccuracies or omissions and to change or
    update information at any time without prior notice.11.3. You understand and agree that use of the Web Site and the Materials is at your
    sole risk, that any materials downloaded or otherwise obtained through the use of the
    Web Site is at your own discretion and risk and that you will be solely responsible for
    any damage to your computer system or loss of data that results from the download
    of such materials. We make no warranty or representation as to the security of any
    information you transmit to us.

Limitation of Liability:

  • IN NO EVENT SHALL FRAZEE PAINT, ITS AFFILIATES OR ITS SUPPLIERS BE LIABLE FOR
    ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT,
    INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY
    DAMAGES FOR LOSS OF PROFITS, USE, DATA, GOODWILL OR OTHER INTANGIBLES)
    ARISING FROM OR IN ANY WAY CONNECTED WITH THESE TERMS, THE USE OF (OR
    THE INABILITY TO USE) THE WEB SITE OR THE MATERIALS, THE FRAZEE PAINT LOGO,
    OR ANY INFORMATION, GOODS OR SERVICES OBTAINED ON OR FROM THE WEB SITE,
    WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO,
    NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FRAZEE PAINT IS
    ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Privacy Notice:

  • Be sure to check our Privacy Policy to understand our practices. The Privacy Policy is
    subject to these Terms and is incorporated by reference herein.

Miscellaneous:

  • 14.1. The Web Site is based in the United States. Access to the Materials may not be
    legal by certain persons or in certain countries. If you access the Web Site from outside
    the United States, you do so at your own risk and are responsible for compliance with
    the laws within your jurisdiction.

  • 14.2. These Terms will be governed by the internal laws of the State of Colorado,
    without regard to its choice of law provisions. You agree that any action arising out of
    or relating to these Terms may be brought only in a court of competent jurisdiction
    in Denver County, Colorado, and you hereby consent to the jurisdiction, venue and
    convenience of such courts.

  • 14.3. Headings in these Terms are for convenience only and shall not be used to
    interpret or construe its provisions.

  • 14.4. If any provision of these Terms is found to be invalid, void or unenforceable by any
    court having competent jurisdiction, the remainder of these Terms shall remain in full
    force and effect.

  • 14.5. Any waiver of any provision of these Terms will be effective only if it is in writing
    signed by an officer of Frazee Paint. No waiver of any term of these Terms shall be
    deemed a further or continuing waiver of such term or any other term.

  • 14.6. Notices to Frazee Paint, other than as provided herein, can be sent to:

    Frazee Paint

View online at: http://brands.sherwin-williams.com/frazee/terms-and-conditions/