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Last Updated: 7.2.24
ACCESS TO AND USE OF OUR SERVICE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS.
THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION AND CLASS ACTION WAIVER, WHICH MAY BE ENFORCED BY THE PARTIES.
1. Acceptance
The Color Factory website, www.colorfactory.co, (the “Service”) is operated and owned by Color Factory, LLC or its affiliated companies (“Color Factory,” “we,” “us,” or “our“).
By using the Service, you agree, without limitation or qualification, to be bound by these terms and conditions of use (the “Terms of Use”) and the Color Factory Privacy Policy (the “Privacy Policy”) incorporated herein by reference.
Where permitted by applicable law, we reserve the right to modify or revise these Terms of Use, in our sole discretion, at any time. By downloading and/or using the Service, you agree to be bound by any and all subsequent modifications or revisions and to comply with any applicable laws and regulations. We recommend that Service users periodically review the most up-to-date version of the Terms of Use.
We do not guarantee that the Service, or the Contents (as described in more detail below), will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of the Service without notice. We will not be liable to you if for any reason the Service is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to the Service. You are also responsible for ensuring that all persons who access the Service through your internet connection or using your device are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.
The materials provided on the Service are protected by applicable law, including, but not limited to, United States copyright laws and international treaties.
2. Personal Information
The personal information you submit to us and that we collect from you is governed by the Privacy Policy. To the extent that there is any inconsistency between these Terms of Use and the Privacy Policy, the Privacy Policy shall govern. You are responsible for providing information that is accurate, current and complete.
If you provide information that is not accurate, current or complete, or if we have reason to believe that information you provided is not accurate, current or complete, we may, in our sole discretion, prohibit you from any and all future use of the Service.
3. Use Restrictions - User Age
No one under age 13 may use the Service or provide any information to or on the Service without parental consent.
4. Use Restrictions - Intellectual Property
The Service and the content included on the Service, such as text, graphics, source code, images, videos, photographs, illustrations, trademarks, trade names, service marks, logos, information obtained from our licensors, and other materials (collectively the “Contents”) is protected by intellectual property laws in both United States and foreign jurisdictions. Ownership of the Contents, i.e., ownership of all intellectual property rights in such Contents, remains with us or our licensors and/or partners. All rights not expressly granted herein are reserved to us and our licensors. If you violate any of these Terms of Use, your permission to use the Contents automatically terminates and you must immediately destroy any copies you have made of any portion of the Contents.
Any use of the Contents not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
Except as otherwise stated herein, you may not, without our written permission, “mirror” any Contents contained on the Service or any other server and you agree not to reproduce, duplicate, copy, sell, resell, distribute, post, transmit or exploit for any commercial purpose any portion of the Service or the Contents other than as expressly authorized by us in writing. You may not use the Service for any purpose that is unlawful or prohibited by these Terms of Use, including to defame, harass, stalk, threaten, abuse or otherwise violate the rights of a third party as defined by applicable law.
While you are in compliance with these terms, we grant you a non-exclusive, non-transferable, personal, revocable, limited license to access and/or use the Service (but not any related object and source code) for your own personal private use, in each case provided that such use is in accordance with these Terms of Use. You agree not to use the Service for anything else. These Terms of Use also apply to any update or patches which we may release or make available for the Service and any such update or patch shall be deemed part of the Service for the purposes of these Terms of Use.
You agree that you will not remove or modify any acknowledgements, credits or legal notices contained on the Service or in the Contents. Where applicable, you shall include the following copyright notice: “Copyright © 2019, Color Factory, LLC. All rights reserved”.
Any special rules for the use of other items provided on the Service may be included elsewhere within the Service and are incorporated into these Terms of Use by reference. The use of the Contents on any other site or in a networked computer environment for any purpose is prohibited.
You may not use the Service in any manner that could damage, disable, overburden, or impair the Service, or interfere with any other party’s use and enjoyment of the Service. You may not attempt to gain unauthorized access to the Service through hacking, password mining or any other means.
You may not reverse engineer any aspect of the Service or do anything which might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of the Service. You may not attempt to circumvent any content-filtering techniques we employ or attempt to access any area of the Service that you are not authorized to access. You may not develop any third-party applications that interact with the Service without our prior written consent, including any scripts designed to scrape or extract data from the Service.
We reserve the right, in our sole discretion, to terminate your access to the Service, or any portion thereof, at any time, without prior notice of any kind.
If, for any reason, you create any derivatives, modifications or improvements to the Contents and/or Service (“Derivatives“), all right, title and interest (including existing and future intellectual property rights) in such Derivatives (“Derivative Rights“) vest in us immediately upon creation. You hereby assign to us with full title guarantee all right, title and interest in all such Derivative Rights. You represent and warrant that use by us or our licensees of the Derivative Rights will not infringe the intellectual property rights or other rights of any third party. You must do all things and sign all documents necessary or desirable to give effect to this paragraph.
5. Hyperlinks from the Service
The Service may contain hyperlinks to other websites and webpages (including websites and webpages on which you may make purchases) (“Third-Party Pages”), as well as to text, graphics, videos, images, music, sounds, applications, and information belonging to or originating from other third-parties (collectively, “Third-Party Applications”). We do not investigate, monitor, control, or review any Third-Party Pages or Third-Party Applications to ensure their accuracy, completeness, or appropriateness.
We are not responsible for the Third-Party Pages or any Third-Party Applications accessed through the Service. The inclusion of any hyperlinks to any Third-Party Pages or Third-Party Applications on the Service does not indicate our approval or endorsement thereof. If you choose to leave the Service to access any Third-Party Pages or Third-Party Applications, you do so at your own risk. You take full responsibility for using, purchasing or refraining from purchasing and goods or services contained on such Third-Party Pages or Third-Party Applications. If you do purchase goods or services from such Third Party Pages or Third-Party Applications please read their contractual terms carefully before making such purchase. Remember, your contract for those goods or services will be with that third party and not with us.
When you use Third-Party Pages or Third-Party Applications, any personal information you provide will be dealt with under such third party’s privacy policy.
Some of the links included on our Service might be affiliated links. These links may result in us receiving a fee or commission as a consequence of you clicking through to Third-Party Pages or Third-Party Applications or purchasing goods or services from them.
6. No Reliance on Information
The material and Contents on the Service are provided for general information only. It is not intended to amount to advice on which you should rely. You should obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Service.
Although we make reasonable efforts to update the information on the Service, we make no representations, warranties or guarantees, whether express or implied, that the information and/or Contents on the Service is accurate, complete or up-to-date.
7. Our Liability and Liability of our Licensors and Partners
The use of the Service and/or the Contents is at your own risk. The Contents of the Service could include technical inaccuracies or typographical errors.
We may update the Service and/or may change the Contents at any time. However, please note that any of the Content on the Service may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that the Service, or any of the Contents on it, will be free from errors or omissions.
Subject to applicable law, we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the use or inability to use, the Service or the use of, or reliance on, any Contents displayed on the Service.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Service or to your downloading of any Contents on it, or on any website linked to it.
Except as otherwise expressly permitted herein, you agree not to use the Service for any commercial or business purposes, and subject to applicable law we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity arising out of or related to your use, or the performance of the Service.
To the extent permitted by applicable law, we exclude all conditions, warranties, representation or other terms which may apply to the Service or any Contents on them, whether express or implied.
Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from negligence, or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.
8. Indemnity
You will be responsible for and will be liable to us and indemnify us against any loss or damage suffered by us as a result of: (a) your use of the Service and/or Contents other than as permitted under these Terms of Use; and/or (b) your breach of these Terms of Use.
You agree to indemnify us in full against any third party liabilities, claims, costs, loss or damage incurred as a result of any breach by you of these Terms of Use.
9. General
We make no claims that the Contents and/or Service are appropriate or may be downloaded and/or used outside of the United States of America. Access to and use of the Service and/or Contents may not be legal by certain persons or in certain countries.
If you access, use and/or download the Service and/or Contents from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Our Liability and Liability of our Licensors and Partners, No Reliance on Information, Use Restrictions, Submission of Ideas, Indemnity, Purchases, Viruses, Trade Marks, Applicable Laws, Waiver and Severability, and Complete Agreement.
10. Applicable Laws
Subject to the provisions of applicable law, these Terms of Use are governed in accordance with the laws of Utah, United States of America, without regard to its conflict of law provisions. You hereby expressly consent and submit to the exclusive jurisdiction of the state and federal courts of the Utah, United States of America for the adjudication or disposition of any claim, action or dispute arising out of these Terms of Use, the Privacy Policy or in connection with any matters related to the Service.
11. Arbitration
The parties shall use their best efforts to settle all actions, disputes, claims and controversies under common law, statutory law or in equity of any type or nature whatsoever, whether arising before or after the date of this Agreement, and whether directly or indirectly relating to: (a) this Agreement and/or any amendments and addenda hereto, or the breach, invalidity or termination hereof; (b) any previous or subsequent agreement between the parties; and/or (c) any other relationship, transaction or dealing between the parties (collectively the “Disputes”). To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such solution within a period of 60 days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules. All arbitrations must proceed on an individual basis, and you hereby waive the right to assert or participate in a class action arbitration, and to assert or participate in any joint or consolidated arbitration of any kind. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. Such arbitration shall take place in Houston, Texas. Each party shall bear its own costs and expenses and an equal share of the arbitrators’ and administrative fees of arbitration. The arbitrators will have no authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. Any award or order rendered by the arbitrator may be confirmed as a judgment or order in any state or federal court of competent jurisdiction, which includes within the federal judicial district of the residence of the party against whom such award or order was entered.
12. Waiver and Severability
If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
13. Notice and Take Down Procedures
If you believe the Contents (or any part thereof) accessible on or from the Service infringes your intellectual property rights, you may request removal of those materials (or access thereto) from the Service by contacting us (address identified below) and providing the following information:
identification of the work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work;
identification of the Content that you believe to be infringing your intellectual property rights and its location. Please describe the Content, and provide us with its URL or any other pertinent information that will allow us to locate the Content;
your name, address, telephone number, and (if available) email address.
a statement that you have a good faith belief that the complained-of use of the work is not authorized by the intellectual property rights owner, its agent, or the law;
a statement that the information you have supplied is accurate, and indicating that “under penalty of perjury,” you are the intellectual property rights owner or authorized representative of the intellectual property rights owner;
a signature or the electronic equivalent from the intellectual property rights owner or authorized representative of the intellectual property rights owner.
Our address for intellectual property rights issues relating to the Service is as follows:
Color Factory, LLC
Attn: Legal Department
12335 Kingsride Lane #408
Houston, TX 77024-4116
Email: legal@colorfactory.co
In an effort to protect the rights of intellectual property rights owners, we maintain a policy for the termination, in appropriate circumstances, of users of the Service who are repeat infringers.
14. Copyright and Trade Marks
Unauthorized use of any of our trademarks, service marks or logos is prohibited, and may be a violation of federal and state trademark law.
15. Viruses
We do not guarantee the Service will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programs and platform in order to access and use the Service. You should use your own virus protection software.
You must not misuse the Service by knowingly introducing viruses, trojans, worms, logic bombs or other material, which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Service, the server on which the Service is stored or any server, computer or database connected to the Service. You must not attack the Service via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may be committing a criminal offense under applicable law. We will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Service will cease immediately.
16. Purchases
Some of the features in our Service may display items, which can be purchased from third parties such as ticketing, and merchandise vendors. If you click on any links to purchase such items you will be re-directed to the relevant website to complete your purchase. The contract for the purchase of these items will be between you and the third party and the terms and conditions of the third party shall apply. We accept no responsibility for any purchases made by you from third party retailers accessed through our Service.
When you use Third-Party Pages or Third-Party Applications, any personal information you provide will be dealt with under such third party’s privacy policy.
Some of the links included within our Service might be affiliated links. These links may result in us receiving a fee or commission as a consequence of you clicking through to Third-Party Pages or Third-Party Applications or purchasing goods or services from them.
17. Complete Agreement
Except as expressly provided in a particular notice or disclaimer posted by or on behalf of Color Factory on the Service, these Terms of Use, including the Privacy Policy, constitute the entire agreement between you and us with respect to the use of the Service and Contents.
18. Contact Us
To contact us, please email support@colorfactory.co.