Website Terms and Conditions

Pinta International Inc™/New Age Pet®™

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

You must be at least 18 years of age to use this website. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age. This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to our Pinta International’s use of cookies in accordance with the terms of Pinta International’s privacy policy / cookies policy.

Interpretation and Definitions

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Country refers to: California, United States
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Pinta International Inc., 25063 Viking St, Hayward, CA 94545.
Device means any device that can access the Service such as a computer, a cell phone, or a digital tablet.
Service refers to the Website.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products, or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to New Age Pet® Website, accessible from www.newagepet.com
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

License to Use Website

Unless otherwise stated, Pinta International Inc. and/or its licensors own the intellectual property rights on the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages or OTHER CONTENT from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

republish material from this website (including republication on another website);
sell, rent or sub-license material from the website;
show any material from the website in public;
reproduce, duplicate, copy, or otherwise exploit material on this website for a commercial purpose;
edit or otherwise modify any material on the website; or
redistribute material from this website [except for content specifically and expressly made available for redistribution.

Where content is specifically made available for redistribution, it may only be redistributed within your organization.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.

Acceptable Use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Pinta International’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications. You must not use this website for any purposes related to marketing without Pinta International’s express written consent.

Restricted Access

Access to certain areas of this website is restricted. Pinta International reserves the right to restrict access to other areas of this website, or indeed this entire website, at Pinta International’s discretion.

If Pinta International provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

Pinta International may disable your user ID and password in Pinta International’s sole discretion without notice or explanation.

User Content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to Pinta International a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute your user content in any existing or future media. You also grant to Pinta International the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Pinta International or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Pinta International reserves the right to edit or remove any material submitted to this website, or stored on Pinta International’s servers, or hosted or published upon this website.

[Notwithstanding Pinta International’s rights under these terms and conditions in relation to user content, Pinta International does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

No Warranties

This website is provided “as is” without any representations or warranties, express or implied. Pinta International makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Pinta International does not warrant that:

This website will be constantly available, or available at all; or
The information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial, or medical] matter you should consult an appropriate professional.

Limitations of Liability

Pinta International will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

to the extent that the website is provided free-of-charge, for any direct loss;
for any indirect, special, or consequential loss; or
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Pinta International has been expressly advised of the potential loss.

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Pinta International’s liability in respect of any:

death or personal injury caused by Pinta International negligence;
fraud or fraudulent misrepresentation on the part of Pinta International; or
matter which it would be illegal or unlawful for Pinta International to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other Parties

You accept that, as a limited liability entity, Pinta International has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Pinta International’s officers or employees in respect of any losses you suffer in connection with the website. Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Pinta International’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Pinta International.

Unenforceable Provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify Pinta International and undertake to hold Pinta International indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Pinta International to a third party in settlement of a claim or dispute on the advice of Pinta International’s legal advisers) incurred or suffered by Pinta International arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of These Terms and Conditions

Without prejudice to Pinta International’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Pinta International may take such action as Pinta International deems appropriate to deal with the breach, including suspending your access to the website immediately, without prior notice or liability. Pinta International has the right to prohibit you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Changes to These Terms and Conditions

Pinta International reserves the right, at our sole discretion, to modify or replace these Terms at any time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. Please check this page regularly to ensure you are familiar with the current version.

Assignment

Pinta International may transfer, sub-contract or otherwise deal with Pinta International’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire Agreement

These terms and conditions constitute the entire agreement between you and Pinta International in relation to your use of this website and supersede all previous agreements in respect of your use of this website.