C Color Terms of Use

Ownership of Site; Agreement to Terms of Use

The Site is made available by C Color subject to these Terms of Use.  C Color reserves the right to update or make changes to these Terms of Use from time to time and may provide you with notice of such changes by any reasonable means, including without limitation, by posting the revised version of these Terms of Use on the Site or in connection with the services we provide.  You can determine when these Terms of Use were last revised by referring to the “LAST UPDATED” legend at the bottom of these Terms of Use.  Your access to or use of the Site following changes to these Terms of Use will constitute your acceptance of those changes.  Any changes to this Terms of Use shall not apply to any dispute between you and C Color arising prior to the date on which C Color posted the revised version of these Terms of Use incorporating such changes or otherwise notified you of such changes.  When using any services, you agree that you are subject to any additional terms and conditions posted by us that are applicable to such services, which are hereby incorporated by reference into these Terms of Use.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to C Color, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without C Color’s express prior written consent.

You may use information on C Color products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by C Color for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

Digital Millennium Copyright Act

If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact, such as an address, telephone number, and, if available, an electronic mail;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You may direct copyright infringement notifications to 120 Tustin Avenue, Suite C226, Newport Beach 92663 or info@ccolor.com.  Please note that only DMCA notices should go to the Copyright Agent.  Please direct any other questions, feedback, comments, or requests, including privacy-related inquiries, to 120 Tustin Avenue, Suite C226, Newport Beach 92663 or info@ccolor.com.

Your Use of the Site

If you create an account in connection with accessing our Site or using our services, you agree that you will maintain your account information to ensure that it is always current, complete and accurate.  If you provide false, incomplete, or inaccurate information, you understand that we have the right to terminate your account and your use of the services we provide.

You agree that C Color may contact you using any contact information that you provide to C Color.

We may limit, terminate, or suspend your access to the C Color Platform without a refund if you post what we deem to be inappropriate or infringing content.  In such a case, you will not be entitled to a refund of subscription fees.

Accounts, Passwords and Security

Certain features or services offered on or through the Site may require you to open an account.  You are responsible for keeping the login information for your account confidential and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential.  You agree to notify C Color immediately of any unauthorized use of your account or password, or any other breach of security.  You may be held liable for losses incurred by C Color or any other user of or visitor to the Site due to someone else using your login information, password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s C Color login information any time without the express permission and consent of that account holder.  C Color cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy

C Color’s Privacy Notice describes C Color’s data practices. Click here to view C Color’s Privacy Notice.  Further, by using the Site, you acknowledge and agree that Internet transmissions are never completely secure.  You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a notice that a particular transmission is encrypted.

Links to Other Sites and to the C Color Site

This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under C Color’s control, and C Color is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimers

C COLOR DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS.  ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE.  C COLOR CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.  C COLOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  C COLOR DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY C COLOR SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST C COLOR FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

C Color reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

The Services are based in the State of California in the United States. C Color makes no representation that the Services are appropriate or available for access or use in other locations. You acknowledge that you may not be able to access or use the Services in other locations and that access thereto or use thereof may not be legal. If you access or use the Services from other locations, you do so on your own initiative and are responsible for compliance with local laws.

Governing Law & Dispute Resolution

The law of the State of California shall govern these Terms of Use, without reference to its choice of law rules.  You and C Color agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to the interpretation or construction of these Terms of Use.

You and C Color agree that each may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding.

Any dispute or controversy arising from your use or access of the Site, the Services, or relating to these Terms of Use will be resolved in confidential binding arbitration conducted before one commercial arbitrator from a nationally recognized arbitration association.  This section is deemed to be a written agreement to arbitrate pursuant to the Federal Arbitration Act, and you agree that this section satisfies the writing requirement of the Federal Arbitration Act.  We believe that arbitration is a faster, more convenient, and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these Terms of Use, if you have any dispute or disagreement with us regarding (i) your use of or interaction with the Website or (ii) any data or information you may enter into the Website or that we may gather in connection with such use or interaction, you will not have the right to pursue a claim in court, or have a jury decide the claim, and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration.

Void Where Prohibited

C Color administers and operates the Site from its location in the United States; other C Color sites may be administered and operated from various locations outside the United States. Although the Site may be accessible outside of the United States, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. C Color reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

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Last Updated February 21, 2019