Terms & Conditions

The following Terms and Conditions ("Terms") constitute an agreement between TheraPaint Studio LLC (the "Company" or “TheraPaint” “we,” “us,” or “our”), and you that governs your use of this website and all of its associated services, content, and functionality. This policy applies to the Site administered by the Company ("Site"), located at www.therapaintstudio.com.

This Site is offered and available to users who are of legal age to form a binding contract with the Company. By using this Site you represent, acknowledge and agree that you are at least 18 years of age or older the legal age in your country of jurisdiction or if you are under 18 years of age but are at least 13 years old (a “Minor”) that you are using the Site with the consent of your parent or legal guardian who has agreed to these Terms.  If you are a parent or legal guardian agreeing to the Terms for the benefit of a Minor, you are fully responsible for the Minor’s use of the Site, including all legal liability that he or she may incur.  If you are not at least 13 years old you may not use the Site.

The Company reserves the right to modify, alter, amend or update its Site, policies, and these Terms. These Terms are subject to change without notice. If you do not agree with or do not accept any part of these Terms, you must not use the Site. 

STUDIO SERVICES

TheraPaint Studio offers a non-clinical approach to the release and process of emotions through the act of throwing paint (the “Services”). Participation in the Services is subject to registration and availability.  The information provided on this Site is designed to provide helpful information about the Services offered and is not meant to be used, nor should it be used, to diagnose or treat any medical condition. For diagnosis or treatment of any medical problem, consult your own physician. Our Services are not psychotherapy or counseling; nor intended to replace or be a substitute for professional advice.  If you are in an acute psychological or psychiatric crisis, please reach out to a qualified professional if services are requested or recommended to better support your mental health.  Reliance on any information provided by the Company or the Site, or other users of the Site is solely at your own risk.

Participation in the Services involves physical movement and exertion.  You are responsible to ensure that you are in proper physical condition to participate in the Services.  The Company is not responsible for any specific health or allergy needs that may require medical supervision and is not liable for any damages or negative consequences from any treatment, action, application or preparation to any person engaging with our Services and/or the information provided. 

USE OF THE SITE 

Unless otherwise stated, the Company owns the intellectual property and rights to all content and material on the Site. Subject to the license below, all intellectual property rights are reserved. 

You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms. 

Unless it is specifically and expressly made available for such purpose, the following uses are not permitted:

  • Republication, redistribution, sale, rental, or sub-licensing of content from the Site; 

  • Reproduction or duplication of any content on the Site for commercial purposes; 

  • Modification of any content on the Site; 

REGISTRATION AND PAYMENT

In order to access certain areas of the Site, and in order to utilize our Services you must register with the Company and create an account and submit your name, email address, and other information requested on an account registration page.  We shall have the right to accept or reject your account and/or registration in our sole discretion. By using this Site you represent, acknowledge and agree that you are at least 18 years of age or older or if you are under the legal age of majority in your jurisdiction (a “Minor”) that you are using the Site with the consent of your parent or legal guardian who has agreed to these Terms.  If you are a parent or legal guardian agreeing to the Terms for the benefit of a Minor, you are fully responsible for the Minor’s use of the Site, including all legal liability that he or she may incur. You may use our Site for payment for Services.  In order to do so, you acknowledge and agree that you must supply certain information such as name, credit card number, and/or billing address (the “Payment Information”) to our third-party credit card processor. Please review our Privacy Policy, available here, which explains how we use information that you submit to the Company.  By providing the Payment Information, you expressly authorize us and/or our third party payment processor to charge the applicable fees to the payment method provided by you, as well as any applicable taxes and other charges incurred thereto. You agree that we (or our third-party payment processors) may charge any unpaid amounts to your provided payment method and/or send you a bill for such unpaid fees. All payments are non-refundable, except as outlined in our Refunds and Cancellation Policy, available here.  

SOCIAL MEDIA CONTENT

You are permitted to share content such as comments, photos or videos regarding the Site and/or the Company’s products on social media channels (“User Content”), as long as a you provide a link to the Site on the channel where the content is being shared.  In addition, you are permitted to share one image from the Site on such social media channels, as long as the image is credited to the Company, with a link to the Site. For example, if you own a Site and wish to feature a piece of Company’s content, you may insert one image from the Site onto your Site, as long as you provide credit and a link back to the Site, more specifically the page where the image was taken. 

SOCIAL SHARING PLUGINS

From time to time, the Site will utilize various plugins or widgets to allow sharing of content via social media channels, email, or other methods. Use of these plugins or widgets does not constitute any waiver of Company's intellectual property rights. Such use is a limited license to republish the content on the approved social media channels only, with full credit to Company. 

PROHIBITED USES OF THE SITE

You must not use the Site in a way that causes, or may cause, damage to the Site or impair the availability of access to the Site. You must not decompile, reverse engineer, disassemble, or otherwise reduce the Site, except to the extent that such activity is expressly permitted by applicable law. You must not use the Site to copy, store, host, transmit, send, use, publish, or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, and/or other harmful code or malicious software.

You must not conduct any systematic or automated data collection activities, including, but not limited to, scraping, data mining, data extraction, or data harvesting on or in relation to the Site without Company's express written permission. 

You must not use the Site to transmit or send any unsolicited commercial communications, including, but not limited to, spam comments. 

You must not use the Site for any third-party marketing without Company's express written permission.

COPYRIGHT

Unless otherwise noted, the design, content, and all components of the Site are copyrights owned by Company or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission. 

TRADEMARKS

The Company's trademarks and trade dress may not be used in connection with any product or service that is not the Company's, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits the  Company or its owners.

From time to time, the Site will legally utilize trademarks owned by third parties. These trademarks are the respective property of their owners and Company makes no claim of ownership. 

GRANT OF RIGHTS

You grant the  Company a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute any content you contribute to the Site. This includes, but is not limited to, text, images, audio material, comments, video material, and audio-visual material. This license extends to all known and future media. You also grant the Company the right to sub-license these rights and the right to bring an action for infringement of these rights. 

COMMENT POLICY

Should the Site offer the option for you to leave comments or engage with the Site's posts, the Company reserves the right to approve and/or delete any comment for any reason, including but not limited to:  

  • harassment directed toward any content creator or the Company;

  • spam;

  • hate speech;

  • defamatory statements regarding the Company or any third party;

  • references to illegal acts; or,

  • comments that may violate the legal rights of a third party. 

The Company's sole discretion will be used to determine if a comment is in violation of this comment policy. Any comments in violation will be promptly deleted and no further explanation will be due to you if your comment was determined to be in violation with this policy. 

TAKEDOWN REQUESTS

From time to time, the Site will publish posts with images from other third-party Sites. Any such use is considered fair use under copyright laws and is fully attributed to the owner. If you believe that your copyrighted work has been used on the Site in a way that constitutes copyright infringement and falls outside of fair use, please send a request to Info@therapaintstudio.com and we will remove the image within 2 to 5 business days.

COMMUNICATION

If you send the Company an email, register to use the Site, or provide your email to Company in any other way, you consent to receive communications from Company electronically. You agree that all legal notices provided via electronic means from the Company satisfy any requirement for written notice.

THIRD PARTIES

The Site may contain links to third-party Sites that are not governed or controlled by the Company. You represent and warrant that you have read and agree to be bound by all applicable Terms and policies for any third-party Site that relate to your use of the Site. Company assumes no control or liability over the content of any third-party sites. You expressly hold the  Company harmless from any and all liability related to your use of a third-party Site. 

Prior to engaging in any events or commercial transactions with any third parties discovered through or linked on the Site, you must complete any necessary investigation or due diligence. If there is a dispute for any events or commercial transactions with a third party discovered through or linked on the Site, you expressly hold Company harmless from any and all liability in any dispute.

NO WARRANTIES 
The Site is provided on an "as is" and "as available" basis without any representations or warranties, express or implied. The Company makes no representations or warranties in relation to the Site or the information and materials provided therein. 

Company makes no warranty the Site will meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Site. The Company is not responsible to you for the loss of any content or material uploaded or transmitted through the Site. The Site is written in English and makes no warranty regarding translation or interpretation of content in any language.  

LIMITATION OF LIABILITY

THE COMPANY WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

DISCLAIMERS

ALTHOUGH WE ATTEMPT TO ENSURE THE INTEGRITY AND ACCURATENESS OF OUR SERVICES, THE SITE, AND ALL CONTENT THEREIN, WE MAKE NO CLAIM, REPRESENTATION, OR WARRANTY AS TO THE ACCURACY, RELIABILITY, OR SUITABILITY OF THE INFORMATION CONTAINED WITHIN THE SERVICES AND ON THE SITE, INCLUDING, BUT NOT LIMITED TO, THE INFORMATION CONTAINED IN ANY TEXT, DOCUMENTS, GRAPHICS, AND OTHER ELEMENTS. THE CONTENT MAY CONTAIN TECHNICAL ERRORS, TYPOGRAPHICAL ERRORS, ERRORS MADE OR PERPETUATED BY THIRD PARTIES, OR OTHER FORMS OF ERROR. THE CONTENT MAY BE CHANGED WITHOUT NOTICE AND IS NOT GUARANTEED TO BE COMPLETE, CORRECT, TIMELY, CURRENT OR UP-TO-DATE. SIMILAR TO ANY PRINTED MATERIALS, THE CONTENT MAY BECOME OUT-OF-DATE. WE UNDERTAKE NO OBLIGATION TO UPDATE ANY CONTENT ON OUR SITE OR SERVICES. WE RESERVE THE RIGHT IN OUR SOLE DISCRETION TO MAKE ALTERATIONS OR DELETIONS TO THE CONTENT AT ANY TIME WITHOUT NOTICE. WE MAY MAKE CHANGES TO THE FEATURES, FUNCTIONALITY OR CONTENT OF OUR SERVICES OR THE SITE AT ANY TIME WITHOUT NOTICE. WE RESERVE THE RIGHT IN OUR SOLE DISCRETION TO EDIT OR REMOVE ANY DOCUMENTS, INFORMATION OR OTHER CONTENT APPEARING ON OR IN CONNECTION WITH OUR SERVICES OR ON THE SITE AT ANY TIME WITHOUT NOTICE.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THERAPAINT IS PROVIDING THE SITE AND SERVICES AND ALL CONTENT ON AN “AS-IS,” “AS-AVAILABLE,” AND “WITH ALL FAULTS” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITE OR SERVICES, CONTENT, INFORMATION, OR OTHER MATERIALS INCLUDED ON THE SITE OR PROVIDED IN CONNECTION WITH THE SERVICES. THERAPAINT DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

THE SITE AND SERVICES ARE INTENDED FOR INFORMATIONAL AND EDUCATIONAL USE ONLY AND DO NOT CONSTITUTE MEDICAL ADVICE AND ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. IF YOU ARE IN CRISIS, PLEASE SEEK PROFESSIONAL HELP.

YOU AGREE THAT YOUR USE OF THE SITE AND SERVICES SHALL BE AT YOUR SOLE RISK. THERAPAINT DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OR OTHER INFORMATION ACCESSIBLE VIA THE SITE OR SERVICES IS ACCURATE, COMPLETE OR CURRENT. WE SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY OR LOSS ARISING OUT OF ANY ACTION TAKEN IN RELIANCE ON THE SITE OR SERVICES AND/OR ANY CONTENT PROVIDED ON THE SITE OR SERVICES. YOU UNDERSTAND AND AGREE THAT ANY CONTENT AND/OR DATA ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS USED AT YOUR OWN 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 CONTENT, MATERIAL AND/OR DATA. THERAPAINT DOES NOT WARRANT THAT THE SITE OR ANY CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES.

THERAPAINT DOES NOT WARRANT THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS IN THE SITE OR SERVICES WILL BE CORRECTED. IN ADDITION, THE SITE OR SERVICES MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME FOR MAINTENANCE OR OTHER REASONS. THERAPAINT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE OPERATION OF THE SITE OR SERVICES OR ANY OTHER LINKED SITES.

NOTWITHSTANDING ANY DAMAGES THAT YOU MAY INCUR, THERAPAINT’S ENTIRE LIABILITY UNDER THIS AGREEMENT, AND YOUR EXCLUSIVE REMEDY, WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO THERAPAINT UNDER THIS AGREEMENT FOR ALL SERVICES RENDERED TO YOU UNDER THIS AGREEMENT. 

INDEMNITY

You agree to defend, indemnify and hold TheraPaint, its members, employees, officers, directors, managers, and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs, and expenses (including reasonable attorneys' fees and expenses) which Company suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.

GOVERNING LAW/ ARBITRATION

The Terms will be governed and construed in accordance with the laws of the State of Tennessee. Any controversy or claim arising out of or relating to the Terms, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in or near Davidson County, Tennessee. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings. 

MISCELLANEOUS PROVISIONS

If any provision(s) of the Terms is held to be invalid, illegal, or unenforceable, the parties agree that the court or arbitrator should give effect to the parties’ intentions as reflected in the provision and the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable. No waiver by us of any term or condition shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.  Our failure to act with respect to a breach by any visitor using the Site or Services does not constitute a waiver of our right to act with respect to subsequent or similar breaches.

The Terms may not be assigned by you without the Company's prior written consent; however, the Terms may be assigned by Company in its sole discretion. 

These Terms constitute the entire agreement between you and TheraPaint and govern the terms and conditions of your use of the Site, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Therepaint with respect to the Site.  Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy, Cancellation and Refund Policy, and/or the Waiver), guidelines, or rules that may apply when you use the website or Services.  TheraPaint may revise these Terms at any time by updating this Agreement and posting it to the Site.  Accordingly, you should visit the Site to review the Terms periodically to determine if any changes have been made.  Your continued use of this website after any changes have been made to the Terms signifies your acceptance of any such changes or amendments to the Terms.  

All notices with respect to the Terms must be in writing and may made be via email to Info@therapaintstudio.com. 

Last updated: February 2024