I. Terms of Service

This Terms of Service is effective and was last updated on February 26th, 2012

1. By accessing the Colorfully.eu (“Website”) or using the services offered by Colorfully.eu (“Services”) users of the Website and the Service (the “users” or “you”) agree and acknowledge to be bound by these Terms of Service (the “Terms”). The Terms govern any information, tags, messages, graphics, videos or other materials uploaded, downloaded, or appearing as a result of the use of the Services (collectively, the “Content”). By accessing or using the Services, you agree to be bound by these Terms.

2. Although Colorfully.eu (“we”, “us” or “our”) may attempt to notify you when major changes are made to these Terms, you should periodically review the most up-to-date version. We may, at our sole discretion, modify or revise these Terms and policies at any time by giving notice on the Website, and you agree to be bound by such modifications or revisions. Nothing in these Terms shall be deemed to confer any third-party rights or benefits.

II. User Accounts

A. Creation of a User Account.

a. In order to create a user account on the Website (a “User Account”), you must (i) agree to be bound by these Terms, (ii) provide a valid email address, and (iii) provide any other information required during the registration process. You are responsible for providing complete and accurate information when registering for a User Account. You are responsible for maintaining the security of the User Account and password. You are also responsible for all content that is posted to the Website using the User Account we provide to you, as well as any other activity originating from the User Account we provide to you. By creating an account, you hereby agree to comply with all applicable law. We reserve the right to deny registration of any individual and to deny access to our Services to any individual. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in the User Account we provide to you.

B. Suspension and Termination of Account and Service.

a. Generally, accounts created with us will be considered active until we receive a user request to deactivate or delete them; however, we reserve the right to terminate any account that has been inactive for 180 days.

b. We reserve the right to limit, suspend, terminate, modify, or delete (i) the User Account we provide to you or (ii) your access to our services or portions thereof (including any Content you or other users submit) for any reason, including if you are, or we suspect that you are, failing to comply with any of these terms (including, without limitation, the “prohibited actions” set forth in Section V below) or for any actual or suspected illegal or improper use of the service, with or without notice to you. In the event of any of the above, we reserve the right to reassign your User Name.

c. We also reserve the right to stop offering and/or supporting the Service or any part of the Service at any time either permanently or temporarily, at which point your use of the Service or a part thereof will be automatically terminated or suspended.

d. We will not provide refunds, benefits or other compensation to users in connection with our exercise of any of our rights hereunder.

e. You may cancel any User Account registered to you at any time by following the instructions here.

III. General Terms

A. You are responsible for your use of the Website and Services, for any content you post using the Services, and for any consequences or liability arising therefrom. Other users of the Services will be able to view the Content you post, or display. You should only provide Content you are comfortable sharing under these Terms.

B. The Services may include advertisements targeted to users, Content or queries made through the Services, or other information. The types and extent of advertising by us on the Services are subject to change. In consideration for us granting you access to and use of the Services, you agree that we and our third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.

C. The Services that we provide are always evolving and the form and nature of the Services may change from time to time without prior notice to you. In addition, we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

IV. User posted and third party content

A. We do not review new Content prior to it being posted on the Website. By transmitting Content to our server you guarantee us that you have the right to make this Content available for use. You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party rights (including rights to publicity and privacy), unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Colorfully.eu all of the license rights granted herein.

B. Any use or reliance on Content posted using the Services or obtained by you through the Services is at your own risk

C. We do not guarantee, support or represent the completeness, reliability, truthfulness or accuracy of any Content appearing on the Website. You understand that by using the Services, you may be exposed to Content you may find offensive, inaccurate or otherwise inappropriate, deceptive or in some cases, mislabeled. We expressly disclaim any liability for any Content, including, but not limited to, any errors or omissions within any Content, or 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 Services.

D. The Service may contain links to third party websites that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, we will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve us of any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website that you visit.

E. We reserve the right to limit or terminate the Services, remove hosted content and take technical and legal steps to bar users from the Website if we believe them to be in violation of these Terms. If you feel that any Content currently posted on the Website is in violation of these Terms, please click on the “Report this Entry” link next to the non-compliant Content and follow the instructions provided.

V. Prohibited actions

A. You agree that you will not:

  1. Take any actions with respect to your use of the Website that are unlawful, false, misleading, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, invasive of another’s privacy, hateful, or contains explicit or graphic descriptions, accounts or photographic depictions of sexual or violent acts;
  2. Transmit any Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification, including, but not limited to posting discriminatory, racist or xenophobic Content;
  3. Transmit any Content that includes images or videos portraying realistic images of people or animals being killed or maimed, shot, stabbed, tortured or injured;
  4. Transmit any Content that infringes any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
  5. Transmit any Content that you do not have a right to transmit under any law or under any contractual or fiduciary relationship;
  6. Transmit any Content that encourages excessive consumption of alcohol or illegal substances, or encourages minors to consume alcohol or smoke cigarettes;
  7. Transmit or post web links to any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Website, the Service, or any system or computer our Visitors and Users access the Website from;
  8. Interfere with or disrupt the Website or servers or networks linked to the Website, or disobey any requirements, procedures, policies, or regulations of networks linked to the Website;
  9. Violate any applicable local, state, national, or international law;
  10. Transmit any Content that includes images or videos of children, without first obtaining the consent of their parent to post such Content;
  11. Transmit any Content, or take any other actions with respect to your use of the Website, that would constitute, or would otherwise encourage, criminal conduct or conduct that could give rise to civil liability;
  12. Send unsolicited messages to Users (Spam) for commercial purposes;
  13. Use the Website for commercial purposes without our prior written consent; or
  14. Solicit other guests of the Website to become members of any commercial on-line service or other group or organization without first obtaining our express written consent.

 

Copyright Complaint Webform

If you see an image you own and want a credit attached to it or have it removed, email us at fun@colorfully.eu

 

VII. Account termination policy

A. We will terminate a user’s access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer. We reserve the right to decide whether Content violates these Terms for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. We may at any time, without prior notice and at our sole discretion, remove such Content and/or terminate a user’s account for submitting such material in violation of these Terms.

VIII. Indemnification

A. You hereby agree to defend, indemnify and hold us, our business partners, third-party suppliers and providers, licensors, officers, directors, employees, distributors and agents (collectively, the “Indemnified Parties”) harmless from and against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys’ fees) in connection with any claim or action that (i) arises from any alleged breach by you of this Agreement or any representations, warranties and/or covenants contained herein, (ii) arises from the Content or effects of any messages you distribute using our Service, or (iii) otherwise arises from or relates to your use of our Service. In addition, you acknowledge and agree that the Indemnified Parties have the right to seek damages when you use our Service for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages.

IX. Electronic communications

A. You consent to receive communications from us electronically. We will communicate with you by e-mail to your registered email address or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

X. Feeds

Colorfully.eu provides access to portions of its site and services via RSS feeds; for the purposes of these terms, such access constitutes use of the Website and services. We ask that you use these features respectfully. You may not use these or any other features or the Website itself to allow the display of a substantial portion of the Colorfully.eu database or reproduce, duplicate or copy the Website. We reserve the rights to change these features at any time and to disable access to the feeds and the API at any time for any reason.

XII. Disclaimers and limitation of liability

A. No Express or Implied Warranties. OUR WEBSITE AND SERVICE ARE PROVIDED “AS IS” AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS AS TO HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY DEPENDING ON YOUR PLACE OF RESIDENCE.

WE ARE NOT LIABLE FOR ANY DELAY OR FAILURE TO PERFORM RESULTING FROM ANY CAUSES BEYOND OUR REASONABLE CONTROL. AS SUCH, WE ARE NOT LIABLE FOR ANY ACTS OR OMISSIONS BY ANY OTHER PARTY FURNISHING A PORTION OF OUR. WE DO NOT WARRANT THAT OUR SERVICE WILL BE CONTINUOUS AND UNINTERRUPTED, SECURE OR ERROR OR VIRUS FREE, NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF OUR SERVICE. USE OF OUR SERVICE AND ANY RELIANCE BY YOU UPON OUR SERVICE IS AT YOUR SOLE RISK. THIS INCLUDES ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE.

B. LIMITATION OF LIABILITY. WE SHALL NOT BE LIABLE TO YOU FOR PERSONAL INJURY, OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OR INTERRUPTION OF BUSINESS, LOSS OF DATA, LOSS OF GOODWILL OR LOST PROFITS), UNDER ANY THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE RISK OF SUCH DAMAGES. BY ENTERING INTO THIS AGREEMENT, YOU AGREE THAT OUR LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT OF THE MONTHLY SUBSCRIPTION FEE WE COLLECT FROM YOU.

YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR YOUR USE OF OUR WEBSITE, OUR SERVICE OR STORAGE, DISPLAY OR TRANSMISSION OF ANY CONTENT OR FOR YOUR OR ANY THIRD PARTIES’ DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING OUR LIABILITY TO YOU TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW

XIII. Miscellaneous

A. Suggestions and Feedback. We welcome feedback or inquiries about our services. However, if you elect to provide any feedback or comments of any nature to us, all of such feedback and comments shall be our sole and exclusive property and we will have the right to use such feedback in any manner and for any purpose at our discretion without remuneration, compensation or attribution to you, provided that we are under no obligation to use such feedback.

B. Right to Assign. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned or delegated by us, in whole or in part, without restriction.

C. No Agency. No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind us in any respect whatsoever.

D. Interpretation and Entire Agreement. This Agreement, together with our Privacy Policy, form the complete and exclusive agreement between you and us, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between you and us relating to the subject products. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not affect the interpretation of this Agreement. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions.

E. Contact Us. If you have any questions, comments or concerns about these Terms and/or the Website, you may send an inquiry to: fun@colorfully.eu. However, please note that communications made through the Website’s e-mail and messaging system shall in no way be deemed to constitute legal notice to us or any of its officers, employees, agents or representatives, such as where notice to us is required by contract, or any federal, state or local laws, rules or regulations. You may provide legal notice to us here.