This is a legal agreement ("Agreement") between you ("You") and ColorOf LLC ("COF"), for use of one or more of the ColorOf.com website, ColorOf.com Mobile application(s) and ColorOf.com API, referred to herein both individually and collectively as the "Service." This Agreement is between you and COF, and does not apply to any agreement between you and any third party.
If you do not agree to any of these Terms and Conditions, the ColorOf.com privacy notice, or the Community Guidelines, you are not permitted to use the Service.
COF may, at its sole discretion modify, revise, add to and update the Terms and Conditions and policies at any time, for any reason with or without notice. You agree to periodically read the Terms and Conditions to review and be informed of the most recent version. Updates to the ColorOf.com Terms and Conditions may be found at http://www.ColorOf.com/terms, or other suitable URL identified on the ColorOf.com Internet web site or API. By accepting these Terms and Conditions, you agree to be bound by such modifications, alterations, and/or updates, including retroactively for past use of the Service.
The ColorOf.com Service may contain links to third party websites that are not owned or controlled by COF. Nothing in this agreement shall be deemed to confer to you any third-party rights or benefits. COF has no control over and assumes no responsibility for the content, policies, or practices of any third party websites. In addition, COF will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve COF from any and all liability arising from your use of any third-party website. COF does not sponsor or endorse practices or views expressed on any third party entity or website, whether the web site is linked from or to the ColorOf.com Website or any other feature of the Service.
There may be links or email addresses referenced here that are not currently available based on the availability of the services associated with them. These will typically be related to future services that may not have been available at the time these terms and conditions were published. All terms and conditions are valid and you are agreeing to them regardless of the availability of the links or email addresses referenced within.
Content: Image(s), photo(s), color(s), color name(s), swatch(es), palette(s), swatch name(s), palette name(s), comment(s) or any other material(s) uploaded or published to the Service.
ColorOf.com API: The ColorOf.com Application Programming Interface (API) refers to the use of the mark-up language or code described in the api.ColorOf.com API Specifications, as defined at a suitable URL identified on the ColorOf.com Internet web site, to access the Service.
"Use" of ColorOf.com API The use of the mark-up language or code described in the ColorOf.com API Specifications to access the ColorOf.com Service or our servers through the ColorOf.com API, send information to a ColorOf.com Account using an ColorOf.com API Client, or receive information from the ColorOf.com Service in response to ColorOf.com API call(s); and/or distributing or developing your own ColorOf.com API Client.
Color or Colors: One or more numerical representations of color taken from a single source, object, image or portion of an image or published to the Service.
Swatch or Swatches: A Color or group of Colors taken from a single source, object, image or portion of an image. Users may define swatches as they see fit.
Palette or Palettes
A plurality of Colors grouped together by a user. Palettes may be defined because a plurality of colors go well together, complement each other or coordinate well or because the colors are of the same group, shade, or tint also known as the Palette Type. Users may define palettes as they see fit.
Palette or Palettes: A plurality of Colors grouped together by a user. Palettes may be defined because a plurality of colors go well together, complement each other or coordinate well or because the colors are of the same group, shade, or tint also known as the Palette Type. Users may define palettes as they see fit.
Palette Type: Defines why the plurality of colors where put together or the palette's purpose.
Group or Groups: A group of colors, swatches, or palettes that a user has defined to be together.
Color Name: A name for a Color.
Swatch Name: A name for a Swatch.
Display Name or User Name: Is the account owners name or handle on the web service.
Designer Account: Is an account type with additional features associated with it.
Palettes Name: A name for a Palette.
Group Name: A name for a Group.
Mobile Application: A software application that operates or runs on a Mobile Device.
Mobile Device: A cellular telephone, Smart Phone, personal digital assistant ("PDA"), handheld computer, tablet computer, palmtop or any other device that uses a wireless carries service to connect to the Internet. Mobile Devices do not include laptop computers, notebook computers, netbook computers, and desktop computers. Examples of Mobile Devices include iPhone, iPad, Blackberry, Android, Palm Pre, Nokia, Nexus One smart phones or cell phones, Samsung smart phones or cell phones, Motorola smart phones or cell phones, LG smart phones or cell phones, devices running Microsoft's Pocket PC, Android operating system, or Windows Mobile operating system.
Smart Phone: A mobile phone with advanced features.
ColorOf.com Accounts.You must be at least eighteen (18) years of age to register for the Service, create an account in order to publish to the Service and access certain features of the Service. You hereby agree to provide accurate and complete information, and will be solely responsible for all activity that occurs on your account.
You further agree to keep your account password safe and secure, and you agree to notify COF immediately of any breach of security or unauthorized use of your account. Notification of any security breach may be made by emailing support@ColorOf.net, or any other suitable e-mail address identified on the ColorOf.com Internet web site.
You hereby agree and represent that any account name (or Display Name) that you use or register to use with the Service is owned by you or that you have the legal authority to use. By creating an account that includes a company name, corporation name, or registered domain name, you are certifying that you own or are authorized to use such name.
GENERAL USE OF THE SERVICE
COF reserves the right to cancel and/or delete any account and/or Content associated with any account at any time for any reason with or without prior notice.
COF hereby grants you permission to access and use the Service as set forth in these Terms and Conditions, provided it is used for the following Authorized uses:
You may use the service, the ColorOf.com API, ColorOf.com website or ColorOf.com Mobile Application(s) to create, upload and save Colors, Swatch(es), the corresponding subject images from which the Color or Swatch was created, messages, comments, Swatch names, Swatch types, and/or Swatch descriptions.
You may use the Service, the ColorOf.com API, ColorOf.com website or ColorOf.com Mobile Application(s) to create, upload and save Palette(s), the corresponding swatches or links to other sources from which the Palette was created, messages, comments, Palette names, Palette types, and/or Palette descriptions.
You may use the Service, the ColorOf.com API, ColorOf.com website or ColorOf.com Mobile Application(s) to create, upload and save Group(s) the corresponding swatches, palettes or links to other sources from which the Group was created, messages, comments, Group names and/or Group descriptions.
You may use the Service to download, save and share Colors, Swatches, Palettes and/or Groups published within the community.
You may use the Service to promote your own products or services, unless that product or service competes directly or indirectly with COF or the ColorOf.com Service as determined by COF at COF's own sole discretion. You are not permitted to promote your own products or services within another user's published area or in the comments field of their area without their authorization which may or may not be given through enablement of authorization through this service. The account owner or other accounts that the account owner allows can however, promote another account's product or service when enabled to do through this service.
COF reserves or will attempt to reserve a corporation's registered domain name to be used as user account name on the ColorOf.com Service. To open a Corporate Account, reserve your business' name on the Service or to be added to the Designer section email sales.colorof.net.
LIMITED LICENSE GRANT
By uploading Content to the Service, you agree to grant and are granting COF a perpetual, non-exclusive, irrevocable, worldwide, royalty-free license to reproduce, adapt, modify, translate, publish, publicly display and use any Content that you upload, post or otherwise submit to the Service, unless the Content is owned by COF. You further agree to grant a perpetual, non-exclusive, irrevocable, worldwide, royalty-free license to Content you submit for use by registered community members or linked back to by any external website, whether operated by COF or not, for use by community members to create swatches,palettes, or groups which may be published to the Service.
You represent and warrant that any Content you provide to the Service does not violate the privacy rights, publicity rights, intellectual property rights (including copyrights), contract rights or any other rights of any third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content uploaded by you to the Service. You further agree to indemnify COF, as set forth below under Indemnity.
You may use the Service to link back to your own website, provided such link is within your published area or for swatch(es), palette(s) or group(s) that you publish. You may also use the Service to link back from your own website to Color(s), Swatch(es) Palette(s) or Group(s) that you published on the Service. You are not, however, permitted and hereby agree not to link to any website that competes directly or indirectly with the Service, including the COF web site, as determined by COF at COF's sole discretion. You are not permitted to link to your own website within another user's published area or in the comments field(s) of their swatch(es), palette(s) or group(s) unless authorized to do so by the user through this service.
You may use "spiders" and other software to copy materials from the ColorOf.com web site for the sole purpose of, and solely to the extent necessary for, creating publicly available searchable indices of TEXT-based materials, but NOT for creating publicly available searchable indices by COLOR (including a numerical representation of color, as by a computer system). COF reserves the right at any time at its sole discretion to revoke these exceptions either generally or specifically. You hereby agree not to implement any search feature or service that enables any user to search by a color or numerical representation of color other than by the facility provided by the Service. You must and hereby agree to display Content in the order in which it is presented via the web service and you can not and hereby agree not to delete or filter any Content that the Service returns as part of a search request.
COF may deny any request for or otherwise delete any Corporate Account at COF's sole discretion with or without notice.
At COF's sole discretion Corporate accounts names may be added to the Designers page of the Community section or on our Mobile Application. COF may allow a corporate account to be created but not display a Corporate account name in the Designers page of the COF Mobile Application.
COF does not police the creation of usernames for individual accounts and can not be held responsible if your business name is used, we may however delete the user's account in the event we are notified by someone representing your business that your corporation's name is being used without your permission. Notification must be provided via e-mail sent support@ColorOf.net, or other suitable e-mail address identified on the ColorOf.com Internet web site.
You are prohibited from and hereby agree not to use the Service for any of the following:
Any use that is offensive or promotes racism, bigotry, hatred, terrorism or physical harm of any kind against any group or individual;
Any use to harass or advocates harassment of another person;
Any use that exploits people in a sexual or violent manner;
Any use to publish Content that contains nudity, violence, or offensive subject matter or language, or contains a link to an adult website;
Any use to solicit personal information from anyone under 18;
Any use to promote information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
Any use to promote or publish an illegal or unauthorized copy of another person's copyrighted work;
Any use for the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," "spamming", malware or viruses;
Any use to collect or harvest any personally identifiable information, including account names, from the Service;
Any use of the communication systems such as the comment field provided by the Service for any commercial solicitation purposes;
Any use of your own product or service within another user's published area or in the comment section of another user's palettes;
Any use of Content published by a competitor of yours within your published area;
Any use of the Service in a manner that furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses or malware;
Any use of the Service to solicit passwords or personal identifying information for commercial or unlawful purposes from other users;
Any attempt to test the vulnerability of warning systems or any related system or network or breach any private or security authentication measures;
Any use or launch of any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends interferes or attempts to interfere with the proper working of the ColorOf.com Service or any activates conducted on the Service and more request messages to the ColorOf.com servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser;
Any use of the Service in a manor, unless authorized by COF in advance and in writing, that competes with the business of COF or the ColorOf.com Service in any way, including but not limited to creating a Mobile Application that leverage the ColorOf.com API;
Any use of a Mobile Application to access the Service unless such Application is created by COF or authorized to be used by COF;
Any use of the Service to link to another website that violates any Unauthorized or Restricted use described in these Terms and Conditions;
Any enablement of color search of the Content provided through the Service, except through the facility provided through the Service; and Any use change of the order in which Content is presented in the Service, further you can not and hereby agree not to omit or delete Content presented to you as a result of a request for Content to the Service.
Commercial Uses (Corporate Account & Designers Section).
COF charges fees for the general use of the Service based on the level of use. Refer to api.colorof.com homepage for information on such fees. At COF's sole discretion COF may charge activation, annual use fee or any other additional fee for the general use of the Service.
COF may charges fees for enhanced features including, but not limited to, advertising, featured links to Color(s), Swatch(es), Palette(s) or Group(s) on the Service and/or Mobile Application. There are additional Terms and Conditions that will be forwarded associated with enhanced or advertising services which you will need to comply with for enhanced features. For more information about enhanced features please contact sales@ColorOf.net, or any other suitable e-mail address identified on the ColorOf.com Internet web site.
COLOROF.COM API USE
You are not permitted and hereby agree not to create or use a client or robot or other automated means to take any action that imposes or may impose, as determined by COF, an unreasonable load on the COF infrastructure or that will overload the api.ColorOf.com API. COF may block one's access or any client's access to the api.ColorOf.com API at any time or for any reason with or without notice.
You are permitted to develop your own api.ColorOf.com API client as long as that client does not or may not compete or harm, as determined by COF, a COF-provided Mobile Application or COF's business.
You are required to use a legitimate api.ColorOf.com Account which you own to publish to the api.ColorOf.com API. You are NOT permitted to create an api.ColorOf.com API client that attempts to publish to any account without a legitimate username and password.
USE OF CONTENT
Swatches, Palettes, and their associated Colors may be used by any user, in any means provided by the functionality of the Service, including but not excluded to create additional Swatches or Palettes.
You can not and hereby agree not to use or distribute Content that you do not own or have the rights to including without limitation, the text, software, scripts, graphics, photos, and the like and the trademarks, service marks and logos (collectively "Marks") contained therein, as subject to copyright and other intellectual property rights under the law.
User comments are made available to you for your information and personal use only, as through the normal functionality of the Service. User comments are made available "as is," and you may not and hereby agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license, download, or otherwise exploit user comments in any manner not intended by the normal functionality of the api.ColorOf.com Service or otherwise as prohibited under this Terms and Conditions.
You understand that when using the Service, you will be exposed to User Submissions or published Content from a variety of sources, and that COF is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against COF with respect thereto, and agree to indemnify and hold COF, its officers, directors, shareholders, members, managers, partners, consultants, contractors, employees, and agents harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
You understand that all colors displayed on the Service, are samples only and that COF cannot be held responsible in any way for the accuracy or usefulness of the color samples or the matching of color through this Service. The interpretation or matching of color is highly subjective, dependent on the type of light source used and the area of the image that the color may have been taken from. The color samples are displayed for human use of the Service and the color's appearance may differ greatly across different display systems. This Service uses a more accurate computer operable numerical representation of color, not the displayed color, for capturing and/or matching color(s) from two or more digital sources within a user defined range. COF cannot be held responsible in any way for the accuracy or usefulness of the colors in the digital sources provided to us by You or another party.
USER SUBMISSIONS AND CONDUCT
As an account holder of the Service you may submit Content, which is referred to as "User Submissions." You understand that when such User Submissions are published, COF does not guarantee any confidentiality with respect to any User Submissions.
You hereby agree that you shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize COF and the users of the Service to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by these Terms and Conditions.
Except as set forth herein, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to the Service, you hereby grant COF a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Service (and its successors' and affiliates) business, including without limitation for promoting and redistributing part or all of the Content (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your User Submissions through the Service, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Service and under these Terms and Conditions. The above licenses granted by you are perpetual and irrevocable.
In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant COF all of the license rights granted herein.
You further agree that you will not, in connection with User Submissions, submit material that is contrary to the Service Community Guidelines, found at http://ColorOf.com/guidelines or other suitable URL identified in the ColorOf.com web site, which may be updated from time to time, or that is contrary to applicable local, national, and international laws and regulations.
COF does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and COF expressly disclaims any and all liability in connection with User Submissions. COF does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and COF will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. COF reserves the right to remove Content, User Submissions or to delete a User's account with or without prior notice.
This Agreement shall remain in full force and effect while you use the Service or you have an account on the Service. Even after your account is terminated or deleted; this Agreement will remain in effect.
You may terminate your Account at any time, for any reason via the Close Account in the My Account section of the website.
Termination of your account by COF or at your discretion does not entitle you to any refund of fees associated with the Service regardless of how long you used or did not use the Service. COF reserves the right, at its sole and absolute discretion, to suspend the provision of ColorOf.com Service to you and/or terminate your Account at any time, with or without warning.
CRAWLED OR INDEXED CONTENT
COF, at its sole discretion, may choose to index or crawl websites for Content that COF or its users feel may be of interest to the ColorOf.com community. Content gathered through this means will typically link back to the origin website, but any Content may be gathered through computer automation and COF does not guarantee that any link back will be accurate.
COF's automated system may further more index or crawl websites that the automated system has deemed of interest based on keywords or phrases found on said website. COF does not have complete control of Content gathered through this means and provides no guarantees of the accuracy of the Content.
All Content published by COF's automation system are cached copies of the Content organized into the COF format. The system is programmed to link back to origin website where the Content can be found COF however, makes no guarantees the link back will be accurate.
DIGITAL MILLENNIUM COPYRIGHT ACT
If you are a copyright owner or an agent thereof and believe that any User Submission or other Content infringes upon your copyright, you may submit a request for removal of such Content pursuant to the Digital Millennium Copyright Act ("DMCA") by submitting the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):
IIf you believe that your Content was removed (or access thereto was disabled) unfairly and that the Content is not infringing any third party copyright or that you have authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the Content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
If a counter-notice is timely received by COF, COF may, at its sole discretion, send a copy of the counter-notice to the original complaining party, and COF may, at its sole discretion enable or otherwise bring back the previously removed or disabled Content.
YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COF, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, PARTNERS, CONSULTANTS, CONTRACTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. COF MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF the SERVICE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. COF DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COF WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE."
LIMITATION OF LIABILITY
IN NO EVENT SHALL COF, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, PARTNERS, CONSULTANTS, CONTRACTORS, EMPLOYEES, AND AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION YOU SPECIFICALLY ACKNOWLEDGE THAT COF SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Service is controlled and offered by COF from its facilities in the United States of America. COF makes no representations that the COF Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless COF, its officers, directors, shareholders, members, managers, partners, consultants, contractors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees and expenses) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions and your use of the Service.
You hereby agree to indemnify COF, and that COF is not liable and will not be held liable for any losses caused by unauthorized use of your account, including use of any account name, and that you may be liable for any loss incurred by COF or other third party due to unauthorized use of your account.
ABILITY TO AND ACCEPTING TERMS AND CONDITIONS
WE RECOMMEND THAT YOU DO NOT RECEIVE ANY PERSONALLY IDENTIFIABLE INFORMATION FROM ANYONE UNDER 18 YEARS OLD. PLEASE LET US KNOW IF YOU DECIDE THAT YOU ARE GOING TO RECEIVE ANY PERSONALLY IDENTIFIABLE INFORMATION FROM ANYONE UNDER 18 YEARS OLD.
You affirm that you are either more than 18 years of age, or an emancipated minor and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.
These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by COF without restriction.
COF shall be deemed solely based in Nassau County, New York; and the Service shall be deemed a passive website that does not give rise to personal jurisdiction over COF, either specific or general, in jurisdictions other than Nassau County, New York.
These Terms and Conditions shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles.
Any claim or dispute between you and COF that may arise in whole or in part from your use of the Service shall be decided exclusively by a court of competent jurisdiction located in Nassau County, New York.
These Terms and Conditions, together with the Privacy Notice at http://www.ColorOf.com/privacy or other suitable uniform resource locator ("URL") identified on the ColorOf.com Internet web site, and any other legal notices published by COF on the Website or Mobile Application, shall constitute the entire agreement between you and COF concerning the Service. If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of this these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and COF's failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. COF reserves the right to amend these Terms and Conditions at any time and with or without notice, and it is your responsibility to review these Terms and Conditions for any changes. Your use of the Service following any amendment of these Terms and Conditions will signify your assent to and acceptance of its revised terms.
YOU AND COF AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERIVCE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.