Overview of Service
The Service provides you with the ability to add a plug-in and/or bookmarklet to your web browser to create and share chipcards and chipbooks matching Sherwin-Williams paint colors to images (or their URLs) that you select on the Internet (“User Images”). You are solely responsible for the selection and use of all User Images in connection with the Service or otherwise. Sherwin-Williams does not select or review such User Images. You may learn more about certain features of the Service by accessing our FAQ.
Public Sharing of Chipcards
You may choose to share a chipcard with other users online. By sharing a chipcard online via the unique URL provided to you by the Service, whether by pasting the URL online or using a social media service to share the chipcard, you are making all of your chipcards and chipbooks publicly available to any user who has access to such unique URL. In other words, sharing one chipcard online through the unique Chip It! URL means that you are providing access to all of your chipcards through such URL, including all comments you have placed on the chipcard
In order to use the Service, you must either register for an account on log in through Facebook Connect, as described below. Your account is for your sole, personal use, you may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. All registration information about you must be truthful. You are responsible for the security of your password and will be solely liable for any use or unauthorized use under such password. We may suspend or terminate your access at any time with or without notice.
In addition to registering for an account, this Service enables you to log in using Facebook Connect to use your Facebook account credentials. You are solely responsible for complying with all terms, conditions, policies and agreements of other services with which you use the Service, including but not limited to, social networking services. By providing this Service, Sherwin-Williams does not represent or warrant that your use of the Service is in compliance with such terms, conditions, policies and agreements, and you agree to independently ensure that your use of the Service does not cause you or Sherwin-Williams to be in violation of any obligation or applicable law.
Termination of Account
Sherwin-Williams may at any time terminate your right to use the Service. You may delete individual chipcards at your discretion at any time. You may delete your entire account with the Service by accessing the User Settings Page on the Service.
Limitations of Use
By accessing our Service, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Service. You also agree not to interfere with the servers or networks connected to the Service or to violate any of the procedures, policies or regulations of networks connected to the Service, the terms of which are incorporated herein. You agree that no information or User Images (hereinafter “Materials”) submitted by you to the Service will violate any right of any third party, including copyrights, trademarks, privacy or other personal or proprietary rights. You also agree that no Materials submitted by you to the Service will be or contain libelous or otherwise unlawful, abusive, immoral or obscene materials. You further agree not to (i) impersonate any other person while using the Service, (ii) conduct yourself in an inappropriate, offensive, indecent, or vulgar manner while using our Service, or (iii) use the Service for any unlawful purpose. You may not use the Service to transmit spam or harassing messages. Sherwin-Williams reserves the right to terminate your access to the Service or any of its services if it determines that you do not comply with these terms and conditions; engage in any conduct that would otherwise harm any of Sherwin-Williams' rights or interests in its Service or other property; or for any or no reason whatsoever without prior notice to you.
Monitoring and Management of Materials
Some of the hyperlinks on the Service may lead to third-party web sites. These third- party web sites are not controlled by, or endorsed by, or affiliated with, Sherwin-Williams. Sherwin-Williams does not assume any responsibility for any third-party web site. In addition, other web sites may link to our Service. Sherwin-Williams is not responsible for the content or privacy policies of these third-party web sites.
The elements of the Service, including, but not limited to, text, graphics, logos, depictions, designs, photographs, images, digital downloads, data compilations, sound, video, and software are protected by United States and international copyright, trademark, and trade dress laws and international treaties and, except for Materials, are the property of Sherwin-Williams or its affiliates or licensors.
The copyright in all content (excluding Materials) provided on the Service, including the software (collectively, “Content”) is the exclusive property of Sherwin-Williams or its affiliate(s), and protected by U.S. and international copyright laws. Except as provided in or through the Service, none of the Content contained in the Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written consent of Sherwin-Williams. Permission is hereby granted to view, copy, print and download the Content provided in or through the Service for personal, noncommercial use only provided such Content is used for informational purposes only, and all copies, or portions thereof, include any copyright notice contained in the Content. Sherwin-Williams may revoke any of the foregoing rights at any time. You may not, without Sherwin-Williams' prior written consent, "mirror" any Content contained on the Service on any other server. Any unauthorized use of any Content contained on the Service may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Notification of Copyright Infringement
If you believe that a work you own and which is protected by copyright has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Service, please provide Sherwin-Williams' Copyright Agent (identified below) a written or electronic notice ("Notice") containing the following information:
- your full legal name, as well as your address, telephone number, and email address;
- a physical or electronic signature of the person authorized to act on behalf of the owner of the copyrighted work(s) that is/are alleged to have been infringed;
- an identification of the copyrighted work(s) you claim is/are being infringed;
- an identification of the material you claim is infringing and its location;
- a statement by you that you have a good faith belief that the disputed use of the copyrighted work(s) is/are not authorized by you, the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
It is Sherwin-Williams' policy to terminate relationships with parties who violate any intellectual property right(s), privacy right(s) or proprietary right(s) of any third party.
Name: Louis E. Stellato
The Sherwin-Williams Company
101 Prospect Ave, N.W.
Cleveland, Ohio 44115-1075
Phone: (216) 566-2200
Fax: (216) 566-2947
THE COPYRIGHT AGENT SHOULD BE CONTACTED ONLY FOR THE PURPOSE OF NOTIFYING THE COPYRIGHT AGENT THAT YOUR WORK HAS BEEN USED OR COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT AND SUCH INFRINGEMENT IS OCCURRING IN OR THROUGH THE SERVICE.
ANY REQUEST, INQUIRY OR COMMUNICATION THAT IS SENT TO THE COPYRIGHT AGENT FOR ANY OTHER PURPOSE WILL NOT BE RESPONDED TO.
The trademarks, service marks, logos and taglines ("Trademarks") used and displayed on the Service, including but not limited to “Chip It!”, are registered or unregistered Trademarks of Sherwin-Williams or one of its affiliates or subsidiaries. Nothing on the Service shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark displayed on the Service without the prior written consent of the Trademark owner. Except as provided in or through the Service, the name of Sherwin-Williams or any Trademark may not be used in any way including in any advertising or publicity pertaining to distribution of materials on the Service without the prior written consent of Sherwin-Williams. Sherwin-Williams prohibits the use of any Sherwin-Williams logo and Trademark as a "hot" link to any web site unless establishment of such link is approved in advance by Sherwin-Williams in writing,
You are responsible for all Materials submitted by you or used in connection with the Service. If Sherwin-Williams has reasonable grounds to suspect that such Materials will violate any right of any third party, including copyrights, trademarks, privacy or other personal or proprietary rights, or contain libelous or otherwise unlawful, abusive, immoral or obscene materials , Sherwin-Williams has the right to suspend or terminate your account and refuse any and all current or future use of the Service and hold you responsible for any claim or damages arising from such Materials. Any Materials submitted by you or used in connection with the Service are subject to disclosure to any regulatory or criminal authority or third party.
Materials you submit or use in connection with the Service are done so at your own risk. Sherwin-Williams is not responsible for and disclaims all liability related to your use of this Service or reliance on the information available on or through this Service. Sherwin-Williams is not responsible for the accuracy, content, or reliability of any information posted through this Service by other users.
Limited License of Materials Submitted in connection with the Service
You retain copyright and any other rights you already hold in Materials which you submit in connection with the Service. By submitting the Materials, you give Sherwin-Williams a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, publish, publicly display and distribute any Materials which you submit in connection with the Service. You confirm and warrant to Sherwin-Williams that you have the rights, power and authority necessary to grant Sherwin-Williams the right to use Materials on your behalf in connection with the Service.
DISCLAIMER OF WARRANTY
While Sherwin-Williams makes reasonable efforts to ensure that Chip It! provides reasonably comparable color matches, Sherwin-Williams does not provide any guarantees that colors will match in all cases. In addition, errors may occur. You acknowledge this risk by using the Service.
THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE USE OF THE SERVICE; ANY FAILURES, DELAYS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED ON THE SERVICE; ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE SERVICE; OR ANY CONDUCT BY USERS OF THE SERVICE. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, SHERWIN-WILLIAMS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATIONS OF RIGHTS.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL SHERWIN-WILLIAMS, ITS OFFICERS, DIRECTORS, OR EMPLOYEES BE LIABLE (JOINTLY OR SEVERALLY) FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, DATA, OR PROFIT, ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR THE INABILITY TO USE THE SERVICE, EVEN IF SHERWIN-WILLIAMS OR A SHERWIN-WILLIAMS' REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Choice of Law
Should you have any questions you may contact us at firstname.lastname@example.org.