Terms of Service

Updated: June 10, 2020

Using our website to do anything other than access the home page and this "Terms" page constitutes your consent to these terms of use and our Privacy Policy.

Your use of our website to do anything beyond simply accessing/viewing it (that is, uploading, downloading, commenting, liking, etc.) constitutes not merely your consent, but your electronic signature, meaning you are contractually bound by these Terms and our Privacy Policy.

Do NOT do any of the following

If you do not own the copyright to content, don't upload it. Don't upload any content that doesn't include a painted rock or is related to painting rocks. Don't upload content that includes likenesses of people who don't consent to such sharing. Don't upload anything with nudity, gore, hate speech, porn, adult content, file sharing, gambling, or that impersonates someone else. If you do, and we are the sole judge of whether something is against these rules, we may ban your account and report you to the authorities as necessary.

If you see something on this site that might violate these terms, email us at abuse@rockpainting.net.

Everything here is public

Any content you upload must be considered public, nothing is private. Therefore, share absolutely nothing that you do not want to be public information.

The Fine Print

By uploading a file or other content or making a comment, you represent and warrant to us that (1) doing so does not violate or infringe on someone else's rights; and (2) you created or otherwise have acquired the intellectual property rights to upload that content consistant with these terms.

With regard to any file or content you upload to our site, you grant us a non-exclusive, royalty-free, perpetual, irrevocable worldwide license (with sublicense and assignment rights) to use, to display online and in any present or future media, to create derivative works of, to allow downloads of, and/or distribute any such file or content. To the extent that you delete any such file or content from the public portions of our site, the license you grant to us to the preceding sentence will automatically terminate, but will not be revoked with respect to any file or content we have already copied and sublicensed or designated for sublicense. Anything you post to a public portion of our site may be used by the public pursuant to the following paragraph even after you delete it.

Use of our content

By downloading an image or copying other user-generated content you agree not to claim any rights to it. We make no warranties of non-infringement and you indemnify and hold us harmless from any copyright infringement claims related to such content.

Notices of claimed copyright infringement (or other types of infringement)

If you see anything on our site that you believes infringes your copyright rights, you may notify us by sending the following information:

  • Identification of the work or works claimed to have been infringed.
  • Identification of the pages or images on our servers which infringe that is to be removed, including the URL or other information we might require to find the work(s).
  • A statement that you have good faith belief that use of the material in the manner complained of is not authorized by you as copyright owner, or by your agent, or by law.
  • A statement that your notice is accurate, and under penalty of perjury, that you are the owner or authorized to act on behalf of the owner of the exclusive copyright rights that is being infringed.
  • Your physical or electronic signature, or of someone authorized to act on your behalf.
  • Instructions on how we can contact you, email preferred, but also address and phone.

We reserve the right to ignore these notices if the works in question are unregistered.

Email: copyright@rockpainting.net

Use the same procedure for claimed trademark violations or other infringements.

Disclaimer of Warranties, Limitations of Remedies, Indemnity

Our services are provided on an AS IS basis. Your use of our services is entirely at your own risk. We do not guarantee the availability of the service, reliability of the service, or integrity of the service. WE DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF FITNESS AND MERCHANTABILITY. NOTWITHSTANDING ANYTHING ELSE STATED IN THESE TERMS, AND IRRESPECTIVE OF WHETHER WE TAKE OR DOES NOT TAKE MEASURES TO REMOVE INAPPROPRIATE OR HARMFUL CONTENT FROM ITS SITE, WE HAVE NO DUTY TO MONITOR ANY CONTENT ON OUR SITE. WE DOES NOT ASSUME RESPONSIBILITY FOR THE ACCURACY, APPROPRIATENESS, OR HARMLESSNESS OF ANY CONTENT APPEARING ON ROCKPAINTING.NET THAT IS NOT PRODUCED BY US, INCLUDING BUT NOT LIMITED TO USER CONTENT, ADVERTISING CONTENT, OR OTHERWISE.

Your sole remedy for loss of services and/or any images or other data that you have stored with our service is to discontinue your use of the service. WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE OUR SERVICES EVEN IF WE HAVE BEEN ADVISED OF OR REASONABLY SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. NO CAUSE OF ACTION ARISING OUT OF YOUR USE OF OUR SERVICES MAY BE BROUGHT MORE THAN ONE YEAR AFTER IT OCCURS.

YOU WILL INDEMNIFY AND HOLD US AND ALL OF OUR PERSONNEL HARMLESS FROM ANY AND ALL LOSS, LIABILITY, CLAIMS, DAMAGES AND EXPENSES, INCLUDING REASONABLE ATTORNEY FEES, ARISING OUT OF OR RELATED TO YOUR VIOLATION OF THESE TERMS, YOUR INFRINGEMENT OF ANY THIRD PARTY'S RIGHTS, AND ANY HARM CAUSED TO ANY THIRD PARTY AS A RESULT OF YOUR UPLOADING FILES, COMMENTS, OR ANYTHING ELSE TO OUR SERVERS AND SERVICES.

Misc.

"We" or "Our" or "Us" refers to ROCKPAINTING.NET, its owners, employees, sucessors and assigns. "You" refers to any person who has consented to these terms and has become contractually bound by them. These terms are governed by the laws of the Province of British Columbia, Canada. If there is a lawsuit between you Us, jurisdiction and venue will lie exclusively in British Columbia, Canada. If any part of these terms is invalid, the remaining provisions will be unaffected. These Terms of Use constitute the entire agreement among the parties relating to this subject matter and they will continue to govern any issues arising even after you discontinue use of the services. We may revise these terms from time to time without notice. Whenever we do, we will so indicate by changing the date at the top of this page. Any changes will apply as of the date they are posted. ROCKPAINTING.NET is not meant for use by children under the age of 13 years; if you child is younger than 13 please allow him or her to use our services only under your supervision.