Unless otherwise indicated, this website (“Site”) and its contents are the property of ColorZen LLC and/or its affiliates (collectively, ColorZen) and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. By accessing this Site, you agree to the following terms and conditions. If you do not agree, you have no right or license to access the Site and you should not do so.
Nothing contained herein is to be construed as a recommendation to use any product, process, equipment or formulation in conflict with any patent or other intellectual property right, and ColorZen makes no representation or warranty, express or implied, that the use thereof will not infringe any intellectual property rights.
Your use of the Site constitutes your full legal acceptance of each of these terms, both in your individual capacity and as an employee and agent of your employer. These terms and conditions constitute the legal agreement between you and ColorZen.
By using the Site (including without limitation, viewing and downloading any content at the Site), you (1) represent that you are of majority in the state in which you legally reside (and at least 18 years of age) and (2) agree to be bound by the terms and conditions of this Agreement and any guidelines, policies and codes of conduct issued to you from time to time.
Please review the Agreement carefully. If you do not agree to this Agreement in its entirety, you are not authorized to use the Site in any manner or form.
We may update the Terms & Conditions from time to time without notice to you, and each update applies to you in its entirety.
The “Last Modified” date will indicate when the latest changes were made to the Terms & Conditions.
In this Agreement, “we”, “us” and “our” refer collectively to ColorZen LLC.
Although the information and recommendations on the Site are provided in good faith and believed to be correct, ColorZen makes no representations or warranties as to the completeness or accuracy of the information.
The information is supplied under the condition that the persons receiving same will make their own determination as to the suitability for their purposes prior to use. In no event will ColorZen be responsible for damages of any nature whatsoever resulting from the use of or reliance upon information or the product to which the information refers.
ColorZen makes no commitment to update or correct any information that appears on the Internet or on this World-Wide Web server.
Proprietary Rights; License Grant
All content available at the Site, including, without limitation, design, graphics, text, images, software and other files and the selection and arrangement thereof (collectively, “Content”), is owned by ColorZen and its licensors and protected under applicable copyrights, trademarks and other proprietary (including, without limitation, intellectual property) rights.
You agree that the right holders that license their content to ColorZen for access through the Site are intended third-party beneficiaries under this Agreement, and thereby possess the right to enforce the provisions of this Agreement that directly affect their intellectual property. You understand that your use of Content is subject to the limited license described below.
You acknowledge that you do not acquire any ownership rights to any Content accessible at or through the Site.
The posting of Content at the Site by ColorZen does not constitute a waiver of any right in and to such Content.
As a visitor to or user of the Site, you are granted a non-exclusive and non-transferable limited license to access and use the Site (and its associated Content) strictly in accordance with this Agreement. ColorZen may terminate this license at any time for any reason, in its sole discretion. You acknowledge and agree that the Site is for your personal, non-commercial use, only, and that you may not transmit, broadcast, upload to any computer or mobile device, create derivative works of, or make commercial use of the Site or any Content provided or obtained through the Site, including, but not limited to, any content, concepts, opinions, ideas, names, images and other information used with respect to or made available through the Site, except as expressly authorized in this Agreement.
No part of the Site may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You agree not to access the Site by any means other than through the interface that is provided by ColorZen for use in accessing the Site. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site, any Content or any portion thereof.
You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site.
You may not permit any Content, used or obtained by you, to be reproduced, modified, displayed, performed, transferred, distributed or otherwise used by any third party, whatsoever.
You agree to advise ColorZen promptly of any such unauthorized use(s). You may not take any action that imposes an unreasonable or disproportionately large load on the ColorZen infrastructure.
ColorZen and its licensors reserve all rights not expressly granted to you in this Agreement.
Access to the Site
In order to use the Site, you must obtain access to the Internet, either directly or through devices that access web-based content, and pay any service fees associated with such access.
In addition, you must provide all equipment necessary to make such connection to the Internet, including a computer and modem, router or other access device.
Any equipment or software causing interference shall be immediately disconnected from the Site and ColorZen shall have the right to immediately terminate this Agreement.
If any upgrade in or to the Site requires changes in your equipment or software, you must effect these changes at your own expense. You agree to follow and comply with any applicable laws, rules and regulations in your use of the Site.
Information You Provide
At this time we do not require that you register in order to use the Site. ColorZen may decide, in its sole discretion, to require registration in the future.
In the event we require registration, or if you otherwise provide information on the Site, you agree to (a) provide true, accurate, current and complete information about yourself and (b) as permitted, maintain and promptly update such information to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or ColorZen has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ColorZen has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate information with us, including, but not limited to, your failure to receive critical information about the Site.
You are responsible for maintaining the confidentiality of any password and account, and are fully responsible for all activities that occur under your password or account that you may create while using the Site.
You agree to (a) immediately notify ColorZen of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session.
ColorZen cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
Third Party Links
Links on the Site to third party websites (including, but not limited to, any advertisements) are provided only as a convenience to you. If you use these links, you may leave the Site. ColorZen does not control or endorse any such advertiser or other third party websites, and your dealings with such third parties are solely between you and such third parties.
You agree that neither ColorZen nor any of its affiliated companies will be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertiser or other third party links on the Site, for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. You acknowledge that you will use these links at your own risk.
Without limiting the foregoing, certain services and features offered through the Site may be provided by third parties outside of the Site. While the Site provides a link to these services, we have no control over these services or the companies that provide them. You understand and agree that ColorZen is not responsible in any way for your use of these services provided by third parties, and that your use of such services is subject to the terms and conditions established by such third parties. Information you provide when you use such services is collected by such services (and not by ColorZen) and ColorZen does not control their use of such information.
Modifications, Interruptions or Discontinuation of the Site
ColorZen reserves the right at any time, and from time to time, to modify, suspend, discontinue or permanently cancel the Site, or portions thereof, with or without notice to you.
Without limiting the generality of the foregoing, ColorZen reserves the right to delete, add to or modify the Content for any reason at any time, and to delete (or block your access to) any portion of the Site in the event we reasonably determine that the Site, your use of the Site or any element used to create the Site, infringes on or violates, or could infringe on or violate, any third party right or any applicable laws or government regulations, without any notice or liability to you or to any third party.
ColorZen reserves the right at any time, in its sole discretion, to add new features and functionality to the Site, such as User forums, or remove previously available features and functionality. Unless explicitly stated otherwise, any new features and functionality at the Site shall be subject to this Agreement.
ColorZen may, at any time, lose its licensing rights to make certain Content available through the Site. In that event, you will no longer be able to obtain these pieces of Content.
You agree that ColorZen, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Site, and remove and discard any User Content within the Site, for any reason, including, without limitation, for lack of use or if ColorZen believes that you have violated or acted inconsistently with the letter or spirit of the Terms & Conditions.
ColorZen may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice to you. You agree that any termination of your access to the Site under any provision of these Terms & Conditions may be effected without prior notice, and acknowledge and agree that ColorZen may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site. Further, you agree that ColorZen shall not be liable to you or any third-party for any termination of your access to the Site.
You agree to defend, indemnify and hold harmless ColorZen, its parents, subsidiaries and affiliates, and each of their respective officers, directors, employees, representatives and agents (each, a “Protected Entity”), from any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and expenses (including settlement costs and/or reasonable attorneys’ fees) arising from or related to:
(a) your use of the Site or (b) an allegation that you breached or violated an applicable law, rule, regulation or this Agreement.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(A) YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
COLORZEN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(B) COLORZEN MAKES NO WARRANTY THAT: (I) THE SITE WILL MEET YOUR REQUIREMENTS; (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND 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 ANY SUCH MATERIAL.
(D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COLORZEN OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS & CONDITIONS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COLORZEN AND ITS AFFILIATES (COLLECTIVELY, “PROTECTED ENTITY”) SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF A PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED, OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO FROM OR THROUGH THE SITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (V) ANY OTHER MATTER RELATING TO OR ARISING FROM THE SITE.
YOU UNDERSTAND AND AGREE THAT YOUR SOLE RIGHT AND REMEDY AGAINST ANY PROTECTED ENTITY IS TO DISCONTINUE USE OF THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
COLORZEN is a trademark owned or licensed by ColorZen LLC.
All other trademarks, service marks and trade names used on the Site are the property of their respective owners.
Without ColorZen’s prior written authorization, you agree not to display or use in any manner, the COLORZEN trademark.
In the event that you reside outside of the United States, you agree to comply with all local rules regarding online conduct and acceptable User Content.
Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Note that some features on the Site may be available solely to United States Users, as determined in our sole discretion.
We respect the intellectual property rights of others and require that Users who use the Site do the same.
If you believe that your proprietary work has been copied in a way that constitutes copyright infringement, please forward the following information to ColorZen’s Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
31 West 34th Street
New York, NY 10001
To be effective, the notice must include:
(a) A physical signature of the person authorized to act on behalf of the owner of the copyright;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site (please be specific);
(d) Your address, telephone number, and email address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
This Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the state of New York notwithstanding its conflict of law provisions. Should a dispute arise concerning the Site or the terms and conditions of this Agreement, you agree that the appropriate, convenient and exclusive venue for any and all dispute resolution shall be the court of appropriate jurisdiction in the state of New York. To the extent permitted by applicable law, you agree to waive any right that you may have to participate in any class action litigation involving, related to or arising from the Site. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
You agree that any unauthorized use of the Site would result in irreparable injury to ColorZen and its licensors for which money damages would be inadequate.
In such event ColorZen and its licensors, as applicable, shall have the right, in addition to other remedies available to it pursuant to this Agreement, to immediate injunctive relief against you. Nothing contained in this Agreement shall be construed to limit remedies available pursuant to statutory or other claims that ColorZen and its licensors may have under separate legal authority.
Should any part of this Agreement be held invalid or unenforceable by a competent court, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.
To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
No relationship other than that of a service provider and customer shall be created through operation of this Agreement.
Any attempt by any individual to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site, is a violation of criminal and civil law and ColorZen may diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
Notices to you, if any, may be made via either e-mail or regular mail.
Any questions or comments regarding, or problems with, the Site or the Terms and Conditions should be sent to info@ColorZencotton.com.
Effective as of April 2, 2012.
ColorZen LLC, 31 West 34th Street, New York, NY 10001
© 2012 ColorZen LLC. All Rights Reserved.