Welcome to Paintflix! We are a subscription service that provides our members with access to audio-visual instruction and entertainment ("videos") streamed over the Internet to certain Internet-connected TV's, computers and other devices ("Paintflix ready devices").
If you are a resident of the United States (including its possessions and territories), you agree to the Arbitration Agreement and class action waiver described in Section 15 to resolve any disputes with Paintflix (except for matters that may be taken to small claims court).
4 Communication Preferences. By using the Paintflix service, you consent to receiving electronic communications from Paintflix relating to your account. These communications may involve sending emails to your email address provided during registration, or posting communications on the Paintflix service, and will include notices about your account (e.g., payment authorizations, change in password or Payment Method, confirmation e-mails and other transactional information) and are part of your relationship with Paintflix. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us, such as newsletters about new Paintflix features and content, special offers, promotional announcements and customer surveys via email or other methods. Please go to the Community page of our website (www.paintflix.com/community/profile) to manage your Paintflix communications.
5 Membership, Billing and Cancellation
i Membership. Your Paintflix membership will continue throughout the subscription period. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, "Payment Method") to use the Paintflix service. We will bill the membership fee to your Payment Method.
iii Billing. By starting your Paintflix membership and providing or designating a Payment Method, you authorize us to charge you a membership fee at the then current rate, and any other charges you may incur in connection with your use of the Paintflix service to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.
v Billing Cycle. The membership fee for our service will be billed at the beginning of the paying portion of your membership. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled.
vi No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. No refunds for DVD purchases, except for defective discs.
vii Payment Methods. Payment Method is via Paypal.com.
viii Cancellation. You may cancel your Paintflix membership at any time, and you will continue to have access to the Paintflix service through the end of your billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS OR UNWATCHED VIDEOS.
6 Paintflix Service
b The Paintflix service, and any content viewed through our service, are for your personal and non-commercial use only. During your Paintflix membership, we grant you a limited, non-exclusive, non-transferable, license to access the Paintflix service and view videos through the service on a streaming-only basis for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.
c You may view videos through the Paintflix service primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such videos. The content that may be available to watch will vary by geographic location. Paintflix will use technologies to verify your geographic location. THE NUMBER OF DEVICES ON WHICH YOU MAY SIMULTANEOUSLY WATCH IS LIMITED. The number of devices available for use and the simultaneous streams may change from time to time at our discretion.
d We continually update the Paintflix service, including the content library. In addition, we continually test various aspects of our service, including our website, user interfaces, service levels, plans, promotional features, availability of videos, delivery and pricing. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.
f The availability of videos to watch will change from time to time, and from country to country. The quality of the display of the streaming videos may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. HD and Ultra HD availability is subject to your Internet service and device capabilities. Not all content is available in HD or Ultra HD and not all plans allow you to receive HD or Ultra HD content. A download speed of at least 5.0 Mbps per stream is recommended to receive HD content, which is defined as 720p or better. A download speed of at least 25.0 Mbps per stream is recommended to receive Ultra HD content, which is defined as resolution greater than 1080p. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. Paintflix makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching a video will vary based on a number of factors, including your location, available bandwidth at the time, the Video you have selected and the configuration of your Paintflix ready device.
g Paintflix streaming software is developed by, or for, Paintflix and is designed to enable streaming of content from Paintflix through Paintflix ready devices. This software may vary by device and medium, and functionalities may also differ between devices. BY USING OUR SERVICE, YOU ACKNOWLEDGE AND AGREE TO THE END USER LICENSE AGREEMENT AND TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE PAINTFLIX AND RELATED THIRD-PARTY SOFTWARE. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE OUR SERVICE. WE DO NOT TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE OF THESE DEVICES, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. By using our service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the Paintflix service. If your Paintflix ready device is sold, lost or stolen, please deactivate the Paintflix ready device by changing your password. If you fail to log out or deactivate your device, subsequent users may access the Paintflix service through your account and may be able to access certain of your account information.
7 Passwords & Account Access
a The member who created the Paintflix account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the Paintflix account. The Account Owner's control is exercised through use of the Account Owner's password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting Paintflix Customer Service and potentially altering the Account Owner's control, the Account Owner should not reveal the Payment Method details (e.g., last four digits of their credit or debit card, or their email address if they use PayPal) associated with their account. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
b In order to provide you with ease of access to your account and to help administer the Paintflix service, Paintflix implements technology that enables us to recognize you as the Account Owner and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the Paintflix service, which includes accessing via Paintflix ready devices or website.
c You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the Paintflix website and not through a hyperlink in an email or any other electronic communication, even if it looks official. Paintflix reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. Paintflix is not obligated to credit or discount a membership for holds placed on the account by either a representative of Paintflix or by the automated processes of Paintflix.
8 Disclaimers of Warranties and Limitations on Liability
a THE PAINTFLIX SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE PAINTFLIX SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. PAINTFLIX DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE PAINTFLIX SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. PAINTFLIX SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, PAINTFLIX READY DEVICES, AND PAINTFLIX SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).
b TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL PAINTFLIX, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
c SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
9 Intellectual Property
a Copyright. All Paintflix videos are owned by and copyrighted to Paintflix.com. The Paintflix service, including all content provided on the Paintflix service, is protected by copyright, trade secret or other intellectual property laws and treaties.
10 Governing Law
b You may also be entitled to certain consumer protection rights under the laws of your local jurisdiction.
11 Applications. You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) ("Application(s)") that interact with the Paintflix service. These Applications may import data related to your Paintflix account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and Paintflix is not responsible for such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO WITH OR SPONSORED BY PAINTFLIX AND MAY NOT BE AUTHORIZED FOR USE WITH OUR SERVICE IN ALL COUNTRIES. USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK.
12 Use of Information Submitted. Paintflix is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the Paintflix service, including the Paintflix website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Paintflix service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law. Please note Paintflix does not accept unsolicited materials or ideas for videos, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Paintflix. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Paintflix and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
By using, visiting or browsing the Paintflix service, you accept and agree to our information practices described below.
Collection of Information
We receive and store information about you such as:
• Information you provide us: We collect information you provide to us. Examples may include:
◦ your name, email address, address or postal code, payment method and telephone number. We collect this information in a number of ways, including when you enter it while using our service, interact with our customer service, or participate in surveys or marketing promotions; and
◦ information collected when you choose to provide reviews or ratings, set preferences in Your Account or otherwise provide information to us through our service or elsewhere.
• Information we collect automatically: We collect information regarding you and your interactions with us and our advertising, your use of our service, applications, sites, tools, and customer service, as well as information regarding your computer or other device used to access our service (such as gaming systems, smart TVs, mobile devices, and set top boxes). This information may include:
◦ your activity on the Paintflix service, such as title selections, watch history and search queries;
◦ details regarding your interactions with customer service, such as the date, time and reason for contacting us, transcripts of any chat conversations, and if you call us, your phone number;
◦ device IDs or unique identifiers, device and software characteristics (such as type and configuration), connection information, statistics on page views, referral URLs, ad data, IP address and standard web log information;
Use of Information
We use the information we collect to provide, analyze, administer, enhance and personalize our services and marketing efforts for you and others, including to process your registration, your orders and your payments, and to communicate with you on these and other topics. For example, we may use the information we collect for purposes such as:
• determining your general geographic location, providing localized content, providing recommendations on Video’s we think will be enjoyable, determining your Internet service provider and helping us quickly and efficiently respond to inquiries and requests;
preventing, detecting and investigating potentially prohibited or illegal activities, including fraud, and enforcing our terms, sending you e-mails, push notifications or other correspondence and advertising concerning our service, including newsletters, messages about new Paintflix features, Paintflix special offers, promotional announcements and consumer surveys. From time to time, we may partner with companies whose products we believe will interest our members. In conjunction with these partners, we may send promotional announcements and/or serve web-based advertisements on their behalf, as permitted by law.
We may use information on an aggregated or anonymous basis. For example, we use video lessons as a measure of consumption behavior, as well as commentary and reviews, on an aggregate or anonymous basis, to improve our recommendations to you as well as other users. Aggregated or anonymous information may be used for a variety purposes not explicitly set forth in this policy.
Disclosure of Information
• Service Providers: We use other companies, agents or contractors ("Service Providers") to perform services on our behalf or to assist us with the provision of services to you. For example, we engage Service Providers to provide marketing, advertising, communications, infrastructure and IT services, to personalize and optimize our service, to process and limit fraud in connection with credit card transactions or other payment methods, to provide customer service, to collect debts, to analyze and enhance data (including data about users' interactions with our service), and to process and administer consumer surveys. In the course of providing such services, these Service Providers may have access to your personal or other information. We do not authorize them to use or disclose your personal information except in connection with providing their services.
• Promotional offers: We may offer joint promotions or programs that, in order for your participation, will require us to share your information with third parties. For example, we may partner with companies that offer incentives, such as frequent flyer mileage awards, if you sign up or otherwise utilize our service. In fulfilling these types of promotions, we may share your name and other information in connection with fulfilling the incentive. By participating in such joint promotions or programs, you agree to our sharing of your information. Please note that we do not control the privacy practices of these third party businesses.
• Social networking services: If you choose to take advantage of our social features or use social plugins available through our site, you will be choosing to disclose information as set forth in our Social Sharing section below.
• Information you make public: While using the Paintflix service you will have opportunities to post reviews or other information publicly. Please understand that when you post such information it is made public and we are not responsible for any third party's use of information you publicly disclose through our service.
• Others with access to your account: If you share or otherwise allow others to have access to your account, they will be able to see your information, including in some cases personal information, such as your watch history, ratings, reviews and account information. This remains true even if you use our profiles feature; see the Profiles section of this policy for more information.
• Aggregate or anonymous information: We may provide analysis of and information from or about our users in the aggregate or otherwise in anonymous form to partners, Service Providers and other third parties.
Profiles allow different members of your household to have a distinct, personalized Paintflix experience, built around the movies and TV shows they enjoy, such as personalized recommendations and separate watch histories. For more information regarding profiles, see your Profile page (www.paintflix.com/community/profile). Please note that profiles are freely available to everyone who uses your Paintflix account, so that anyone with access to your Paintflix account can navigate to and use, edit or delete any profile. You should explain this to others with access to your account, and if you do not wish them to use or update your profile, be sure to let them know.
Profiles can be used in connection with our social features to enable you to connect different Facebook accounts to separate profiles.
If you no longer want to receive certain communications from us via email, simply access your Profile page (www.paintflix.com/community/profile) and uncheck those items to unsubscribe. Please note that you cannot unsubscribe from certain correspondence from us, such as messages relating to your account transactions.
You can opt in to receive push notifications from Paintflix. If you subsequently decide you no longer wish to receive these notifications, you can use your mobile device’s settings functionality to turn them off.
Right to Access Your Information
We give you access and the ability to update a broad range of information about your account, including your contact information and your communication preferences in the www.paintflix.com/community/profiles portion of our website. You must be signed in to access this page. If you have a question regarding our privacy practices, or want to exercise your rights regarding your personal information, please see the Contact & Support section.
Paintflix uses reasonable administrative, technical, physical and managerial measures to safeguard your personal information against loss, theft and unauthorized access, use and modification. Paintflix uses industry-standard protocols for certain of your transmissions to us, in order to encrypt certain personal information that you send to us through the registration and sign up process.
Unfortunately, no security system can be guaranteed to be 100% secure. Accordingly, we cannot guarantee the security of your information and cannot assume liability for improper access to it. By using our service, including our website and user interfaces, or providing information to us through any means, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Paintflix service.
In order to provide you with ease of access to your account and to help administer the Paintflix service, we implement technology that enables us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the Paintflix service. You can choose not to take advantage of this feature on your computer by unchecking the box "Remember me on this computer" when you login on the website. To remove access to your Paintflix account from your devices: (a) visit your Profile page (www.paintflix.com/community/profile) (note, deactivation may not occur immediately) or (b) delete your Paintflix settings from your device (steps vary by device and the option is not available on all devices). You are responsible for maintaining the confidentiality of your account access information and for restricting access to your computer or device through which you access your Paintflix account. Where possible, users of public or shared devices should log out at the completion of each visit. If you sell or return a computer or Paintflix ready device, you should log-out and deactivate the device before doing so. If you do not maintain the security of your password or device, or fail to log out or deactivate your device, subsequent users may be able to access your account, including your personal information.
Other Websites, Platforms and Applications
Changes to This Policy
Transfer of Information
Given that the Internet is a global environment, using the Internet to collect and process information necessarily involves the transmission of data on an international basis. Therefore, by using Paintflix, you acknowledge and agree to the transfer of your information outside your country of residence to any country (including the United States) where we may have facilities or engage Service Providers. You understand that the countries to which we may transfer information may not have as comprehensive a level of data protection as in your country, although your personal information will continue to be protected in accordance with the standards described in this policy.
Last updated: March 27, 2015