The Original Coffee Paint (TOCP)
TERMS, CONDITIONS and PRIVACY
Agreement between User and TheOriginalCoffeePaint.com
Welcome to TheOriginalCoffeePaint.com. The TheOriginalCoffeePaint.com website (the "Site") is comprised of various web pages operated by The Original Coffee Paint LLC ("TOCP").
TheOriginalCoffeePaint.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of TheOriginalCoffeePaint.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
TheOriginalCoffeePaint.com is an E-Commerce Site.
Original Coffee Paint is an art paint product for artists, creatives, hobbyists & crafters of all ages (adult supervision is recommended for children under 12 and those who may need assistance). TOCP is the only concentrated, natural coffee paint currently on the market. It is designed for ease-of-use, no waste and no chemicals. The TOCP website also offers Fine Art original paintings, art prints on canvas, paper, and other substrates, and licensed art/photo prints on products.
Visiting TheOriginalCoffeePaint.com or sending emails to TOCP constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that TOCP is not responsible for third party access to your account that results from theft or misappropriation of your account. TOCP and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Eighteen:
TOCP does not knowingly collect, either online or offline, personal information from persons under the age of eighteen. If you are under 18, you may use TheOriginalCoffeePaint.com only with permission of a parent or guardian.
Please be sure to check your name, address, quantity, size, color, and other important information for accuracy. See our "Shipping & Returns" policy for detailed information. Once an order has been submitted it goes into the fulfillment process immediately, therefore, once you place an order we will not be able to cancel it.
Links to Third Party Sites/Third Party Services:
TheOriginalCoffeePaint.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of TOCP and TOCP is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. TOCP is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by TOCP of the site or any association with its operators.
Certain services made available via TheOriginalCoffeePaint.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the TheOriginalCoffeePaint.com domain, you hereby acknowledge and consent that TOCP may share such information and data with any third party with whom TOCP has a contractual relationship to provide the requested product, service or functionality on behalf of TheOriginalCoffeePaint.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property :
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of TOCP or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. TOCP content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of TOCP and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of TOCP or our licensors except as expressly authorized by these Terms.
Use of Communication Services:
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
TOCP has no obligation to monitor the Communication Services. However, TOCP reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. TOCP reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
TOCP reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in TOCP's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. TOCP does not control or endorse the content, messages or information found in any Communication Service and, therefore, TOCP specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized TOCP spokespersons, and their views do not necessarily reflect those of TOCP.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to TheOriginalCoffeePaint.com or Posted on Any TOCP Web Page
TOCP does not claim ownership of the materials you provide to TheOriginalCoffeePaint.com (including feedback and suggestions) or post, upload, input or submit to any TOCP Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting TOCP, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. TOCP is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in TOCP's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Third Party Accounts:
You may be able to connect your TOCP account to third party accounts. By connecting your TOCP account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by TOCP from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the TOCP Content accessed through TheOriginalCoffeePaint.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless TOCP, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. TOCP reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with TOCP in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in the Commonwealth of Virginia, USA. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver:
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and TOCP agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE ORIGINAL COFFEE PAINT LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
THE ORIGINAL COFFEE PAINT LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE ORIGINAL COFFEE PAINT LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TOCP reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the Commonwealth of Virginia and you hereby consent to the exclusive jurisdiction and venue of courts in Virginia in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and TOCP as a result of this agreement or use of the Site. TOCP's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of TOCP's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by TOCP with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and TOCP with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and TOCP with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms:
TOCP reserves the right, in its sole discretion, to change the Terms under which TheOriginalCoffeePaint.com is offered. The most current version of the Terms will supersede all previous versions. TOCP encourages you to periodically review the Terms to stay informed of our updates
In order to better provide you with products and services offered, TOCP may collect personally identifiable information, such as your:
First and Last Name
If you purchase TOCP's products and services, we collect billing and credit card information. This information is used to complete the purchase transaction.
TOCP may also collect anonymous demographic information, which is not unique to you, such as your Age and Gender.
Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through TOCP's public message boards, this information may be collected and used by others.
We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain products or services. These may include: (a) registering for an account; (b) entering a sweepstakes or contest sponsored by us or one of our partners; (c) signing up for special offers from selected third parties; (d) sending us an email message; (e) submitting your credit card or other payment information when ordering and purchasing products and services. To wit, we will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information in the future.
Use of your Personal Information:
TOCP collects and uses your personal information to operate and deliver the services you have requested.
TOCP may also use your personally identifiable information to inform you of other products or services available from TOCP and its affiliates.
Sharing Information with Third Parties:
TOCP does not sell, rent or lease its customer lists to third parties.
TOCP may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is transferred to the third party. TOCP may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to TOCP, and they are required to maintain the confidentiality of your information.
TOCP may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on TOCP or the site; (b) protect and defend the rights or property of TOCP; and/or (c) act under exigent circumstances to protect the personal safety of users of TOCP, or the public.
Opt-Out of Disclosure of Personal Information to Third Parties:
In connection with any personal information we may disclose to a third party for a business purpose, you have the right to know:
The categories of personal information that we disclosed about you for a business purpose.
You have the right under the California Consumer Privacy Act of 2018 (CCPA) and certain other privacy and data protection laws, as applicable, to opt-out of the disclosure of your personal information. If you exercise your right to opt-out of the disclosure of your personal information, we will refrain from disclosing your personal information, unless you subsequently provide express authorization for the disclosure of your personal information. To opt-out of the disclosure of your personal information, email "Opt out" along with the name, email and phone number you used to opt in to TOCP99@gmail.com .
Tracking User Behavior:
TOCP may keep track of the websites and pages our users visit within TOCP, in order to determine what TOCP services are the most popular. This data is used to deliver customized content and advertising within TOCP to customers whose behavior indicates that they are interested in a particular subject area.
Automatically Collected Information:
Information about your computer hardware and software may be automatically collected by TOCP. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the TOCP website.
This website contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.
Right to Deletion:
Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:
Delete your personal information from our records; and
Direct any service providers to delete your personal information from their records.
Please note that we may not be able to comply with requests to delete your personal information from other sites, and/or if it is necessary to:
Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
• Debug to identify and repair errors that impair existing intended functionality;
Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;
Comply with the California Electronic Communications Privacy Act;
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;
Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
Comply with an existing legal obligation; or
Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.
Children Under Eighteen:
TOCP does not knowingly collect personally identifiable information from children under the age of eighteen. If you are under the age of eighteen, you must ask your parent or guardian for permission to use this website.
Opt-Out & Unsubscribe from Third Party Communications:
We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information. Users may opt-out of receiving any or all communications from third-party partners of TOCP by contacting us here: Email: TOCP99@GMAIL.COM. If you used a third party website and submitted your information to that site, TOCP is not liable or responsible. It is your responsibility to contact the third party site to get your information removed as TOCP has no authority to do so.
From time to time, TOCP may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication. In order to improve our Services, we may receive a notification when you open an email from TOCP or click on a link therein.
If you would like to stop receiving marketing or promotional communications via email from TOCP, you may opt out of such communications by reply STOP to TOCP99@gmail.com.
Changes to this Statement:
TOCP welcomes your questions or comments regarding the Terms, Conditions and Privacy statement posted above.
The Original Coffee Paint, LLC is an online entity in the Commonwealth of Virginia, USA
Updated & effective as of January 1, 2023