Colortada

Welcome to the Terms of Service (these "Terms") for the website, Colortada.com (the "Website"), and the related mobile applications (the "App") operated on behalf of Colortada ("Company", "we" or "us"). The Website and any content, tools, features and functionality offered on or through our Website and the App are collectively referred to as the "Services".

These Terms govern your access to and use of the Services. Please read these Terms carefully, as they include important information about your legal rights. By accessing and/or using the Services, you are agreeing to these Terms. If you do not understand or agree to these Terms, please do not use the Services.

For purposes of these Terms, "you" and "your" means you as the user of the Services. If you use the Services on behalf of a company or other entity then "you" includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity's behalf.

1. WHO MAY USE THE SERVICES

You must be thirteen (13) years of age or older to use the Services. Minors under the age of majority in their jurisdiction but that are at least thirteen (13) years of age are only permitted to use the Services if the minor's parent or guardian accepts these Terms on the minor's behalf prior to use of the Services. Children under the age of thirteen (13) are not permitted to use the Services. By using the Services, you represent and warrant that you meet these requirements.

2. THE SERVICES, USER ACCOUNTS, SUBSCRIPTIONS

2.1 User Input and User Output

As part of your use of the Services, you may be able to create, save, and download drawings ("User Content"). We do not claim any ownership rights in your User Content, and we do not restrict your ability to use User Content for your own purposes (including for commercial purposes). You are responsible for Your Content, including taking all steps necessary to ensure that it does not violate any laws or rights of third parties or these Terms.

2.2 Creating and Safeguarding your Account

To use certain of the Services, you need to create an account ("Account"). You agree to provide us with accurate, complete and updated information for your Account. You can access, edit and update your Account by going to your profile page on the Website or the App. You are solely responsible for any activity on your Account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your Account. You must immediately notify us at support@colortada.com if you know or have any reason to suspect that your Account or password have been stolen, misappropriated or otherwise compromised, or in case of any actual or suspected unauthorized use of your Account.

2.3 Subscription Payment

If you buy or subscribe to any of our paid Services, you agree to pay us the applicable fees and taxes in U.S. Dollars or such other currency we may specify. Failure to pay these fees and taxes will result in the termination of your access to the paid Services. We reserve the right to change our subscription plans or adjust pricing for the Services in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise provided in these Terms, any price changes or changes to your subscription plan will take effect following reasonable notice to you.

2.4 Subscription Renewals and Cancellations

You agree that if you purchase a subscription, your subscription will automatically renew at the subscription period frequency referenced on your subscription page (or if not designated, then monthly) and at the then-current rates, and your payment method will automatically be charged at the start of each new subscription period for the fees and taxes applicable to that period. To avoid future subscription charges, you must cancel your subscription before the subscription period renewal date.

2.5 No Subscription Refunds

Except as expressly set forth in these Terms, payments for any subscriptions to the Services are non-refundable and there are no credits for partially used periods. Following any cancellation by you, however, you will continue to have access to the paid Services through the end of the subscription period for which payment has already been made.

3. YOUR CONTENT

3.1 Your Content License Grant

In order to operate the Services, we must obtain from you certain license rights in Your Content so that actions we take in operating the Services are not considered legal violations. Accordingly, by using the Services and uploading Your Content, you grant us a license to access, use, host, cache, store, reproduce, transmit, display, publish, distribute, and modify (for technical purposes, e.g., making sure content is viewable on smartphones as well as computers and other devices) Your Content but solely as required to be able to operate, improve, promote and provide the Services.

3.2 Notice of Infringement – DMCA (Copyright) Policy

If you believe that any text, graphics, photos, audio, videos or other materials or works uploaded, downloaded or appearing on the Services have been copied in a way that constitutes copyright infringement, you may submit a notification to our copyright agent in accordance with 17 USC 512(C) of the Digital Millennium Copyright Act (the "DMCA"), by providing the required information in writing to support@colortada.com.

4. LOCATION OF OUR PRIVACY POLICY

Our Privacy Policy describes how we handle the information you provide to us when you use the Services. For an explanation of our privacy practices, please visit our Privacy Policy.

5. RIGHTS WE GRANT YOU

5.1 Right to Use Services

If any software, content or other materials owned or controlled by us are distributed to you as part of your use of the Services, we hereby grant you, a personal, non-assignable, non-sublicensable, non-transferrable, revocable, and non-exclusive right and license to access and display such software, content and materials provided to you as part of the Services, in each case for the sole purpose of enabling you to use the Services as permitted by these Terms.

5.2 Restrictions On Your Use of the Services

You may not do any of the following in connection with your use of the Services, unless applicable laws or regulations prohibit these restrictions or you have our written permission to do so:

Download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any of our proprietary technology that makes up or is included in the Services;
Submit, transmit, display, perform, post or store any content that is inaccurate, illegal, unlawful, defamatory, unethical, obscene, lewd, lascivious, filthy, excessively violent, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, harmful, hateful, cruel or insensitive, deceptive, or otherwise objectionable;
Use the Services for bullying, disruptive or objectionable purposes or for political campaigning or lobbying purposes;
Frame, replicate, or develop an interface to access the Services without going directly to the Website or the App;
Duplicate, decompile, reverse engineer, disassemble or decode the Services, or attempt to do any of the same;
Use cheats, automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Services;
Access or use the Services in any manner that could disable, overburden, damage, disrupt or impair the Services;
Attempt to gain unauthorized access to, interfere with, damage or disrupt the Services, accounts registered to other users, or the computer systems or networks connected to the Services;
Introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems;
Violate any applicable law or regulation in connection with your access to or use of the Services;
Access or use the Services in any way not expressly permitted by these Terms.

6. OWNERSHIP

6.1 Ownership of the Services

The Services, including their "look and feel" (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under copyright, trademark and other intellectual property laws. You agree that the Company and/or its licensors own all right, title and interest in and to the Services (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests.

6.2 Ownership of Trademarks

The Company's name, Colortada, the Company's logo, and all related names, logos, product and service names, designs, graphics, commercial symbols and slogans are trademarks of the Company or its affiliates or licensors. Other names, logos, product and service names, designs, graphics, commercial symbols and slogans that appear on the Services are the property of their respective owners.

6.3 Ownership of Feedback

We welcome feedback, comments and suggestions for improvements to the Services ("Feedback"). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Services or in any such Feedback. All Feedback becomes the sole and exclusive property of the Company.

7. THIRD-PARTY SERVICES AND MATERIALS

Certain Services may display, include or make available content, data, information, applications or materials from third parties ("Third-Party Materials") or provide links to certain third-party websites. By using the Services, you acknowledge and agree that the Company is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials or websites.

8. DISCLAIMERS, LIMITATIONS OF LIABILITY AND INDEMNIFICATION

8.1 Disclaimers

Your access to and use of the Services are at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis and that all Services, including any paid Services are subject to availability. The Company makes no warranty, guarantee or representation and disclaims all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services.

8.2 Limitations of Liability

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT WILL THE COMPANY BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING INDIRECT, GENERAL, SPECIAL, COMPENSATORY, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, AGGRAVATED OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES.

8.3 Indemnification

By entering into these Terms and accessing or using the Services, you agree that you shall defend, indemnify and hold the Company harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) incurred by the Company arising out of or in connection with: (A) your violation or breach of any term of these Terms or any applicable law or regulation; (B) your violation of any rights of any third party; (C) your misuse of the Services; (D) Your Content, or (E) your negligence or wilful misconduct.

9. ADDITIONAL PROVISIONS

9.1 Updating These Terms

We may modify these Terms from time to time in which case we will update the "Last Revised" date at the top of these Terms. If we make changes that are material, we will use reasonable efforts to attempt to notify you, such as by e-mail and/or by placing a prominent notice on the first page of the Website or the App.

9.2 Termination of License and Your Account

If you breach any of the provisions of these Terms, all licenses granted by the Company will terminate automatically. Additionally, the Company may suspend, disable, or delete your Account and/or the Services (or any part of the foregoing) with or without notice, for any or no reason.

9.3 Miscellaneous

These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and your use of the Services, and supersedes all other agreements and understandings, both written and oral, between the parties with respect to the subject matter hereof. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

9.4 How to Contact Us

You may contact us by e-mail at support@colortada.com.