Terms of Service
Last Updated: November 20, 2019
ACCESS TO AND USE OF OUR SERVICE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS.
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“).
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
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
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”.
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.
4. 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.
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.
5. 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.
6. 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.
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.
9. Applicable Laws
10. Waiver and Severability
11. 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
1881 W. Traverse Parkway, Suite E #254
Lehi, Utah 84043
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.
12. 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.
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.
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.
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.
15. Complete Agreement
16. Contact Us
To contact us, please email email@example.com.