Color Inc. Usage Agreement And Notices
AGREEMENT BETWEEN USER AND COLOR INC
This Website is offered to the user conditioned on acceptance by the user ("User") without modification of the terms, conditions, and notices contained herein. By accessing and using this Website or submitting an order through our ROES software, the User is deemed to have agreed to all such terms, conditions, and notices (the "Agreement").
Please note that once an order has been submitted it cannot be stopped from printing for any reason and will be billed to your credit card on file. All orders must be properly labeled and submitted to avoid any additional fees. Our lab policies are available for viewing online, at http://www.colorincprolab.com/policies.php All orders will be printed as-is and are non-refundable.
Please have your monitor calibrated to our lab standards for accurate color.
SPECIAL ORDER ITEMS
Special order items including, but not limited to, albums, frames, studio equipment, presentation items or any product that Color Inc must special order, may not be returned or refunded for any reason. If a product arrives damaged, it will be replaced with a like kind once the damaged product has been received back by Color Inc.
Color Inc uses authorize.net for a payment gateway in the ROES ordering system. No credit card charge backs will be accepted for any reason. As an account holder you are responsible for payment of all orders submitted using your account.
We are committed to ensuring that our Services remain a fun and safe place to print, digitize, store and share photographs and other content. Members are encouraged to use the Services to post creative material, including photographs, digital images, links, and comments. To this end, we require that every user of the Services refrain from uploading, posting, storing, sharing or otherwise using the Site to process "Prohibited Content." Generally, Prohibited Content includes (without limitation) any of the following: a. Content we believe is abusive, deceptive (including content sent from an anonymous or false address), pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate. b. Copyrighted material that is used without the express permission of the owner. c. Content that violates or encroaches on the rights of others, such as privacy rights, publicity or copyrights. d. Content or other material that contains viruses, worms, corrupt files, Trojan horses and other forms of corruptive code or any other content, which may compromise Color Inc Services. e. Content that advocates illegal activity, or the primary purpose of which appears to be obtaining personal information from others ("phishing"). f. Content that harms minors in any way. g. Any links to the above.
COPYRIGHT PROTECTION FOR CONTENT ON THE SERVICES
All information, images, content, software and materials offered on or posted to Color Inc are protected by U.S. and international copyright laws and by other laws. Color Inc is unable to provide you with permission to copy, display or distribute material for which you do not own the copyright, and we do not provide others with rights to your content (unless you give us permission to do so). You may not copy or distribute material unless you are the copyright owner or have permission from the copyright owner, and you are solely responsible for any copyright violations you commit as a result of your activities, even if the violation is unintentional. Color Inc has the absolute right to terminate your access or exclude you from the Site if you use our Services to violate the intellectual property rights of third parties.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS COLOR INC (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS AND ANY THIRD-PARTY INFORMATION PROVIDERS TO THE SERVICE) FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICES USING YOUR ACCOUNT.
(A) Exclusive Remedy. ANY PRODUCT AND SERVICE AVAILABLE THROUGH THE SERVICES IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. COLOR INC WARRANTS ONLY THAT PHOTOGRAPHIC MATERIALS PROVIDED SHALL BE RETURNED TO YOU IN USABLE CONDITION. IN THE EVENT THAT YOUR PRINT(S) ARE DAMAGED, OR ARE OF UNACCEPTABLE QUANTITY OR QUALITY, LOST OR NOT RETURNED, COLOR INC's SOLE OBLIGATION, AND YOUR SOLE AND EXCLUSIVE REMEDY, SHALL BE FOR COLOR INC TO EITHER (I) REFUND THE FULL AMOUNT OF THE PURCHASE PRICE OF SUCH PRINTS, OR (II) REPRINT THE PHOTOS AT NO EXTRA COST. (B) Disclaimer. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, COLOR INC ON BEHALF OF ITSELF AND ITS SUPPLIERS 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. COLOR INC MAKES NO WARRANTY THAT (I) THE SITE OR SERVICE WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (II) THE SITE OR SERVER ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (III) THE SERVICES, SITE OR CONTENT PROVIDED WILL MEET YOUR REQUIREMENTS. COLOR INC MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO SOFTWARE, GOODS, SERVICES, PROMOTIONS, OR THE DELIVERY OF ANY SOFTWARE, GOODS OR SERVICES THAT ARE PURCHASED, ACCESSED OR OBTAINED THROUGH THE COLOR INC SITE OR THAT ARE ADVERTISED ON THE COLOR INC SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. 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.
LIMITATION OF LIABILITY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED UNDER LAW, NEITHER COLOR INC NOR ITS SUPPLIERS WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE) FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO YOUR USE OF THE SITE OR THE SERVICE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS FOREGOING LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OR INABILITY TO USE THE SERVICE; (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS OR SERVICES PURCHASED THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES; (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
EVENT DISCLAIMERS AND LIMITATION OF LIABILITY
YOUR PARTICIPATION IN ANY PUBLIC EVENT, PRIVATE EVENT OR ACTIVITY LISTING IS AT YOUR SOLE AND EXCLUSIVE RISK. THE HOST OF ANY EVENT MAY REFUSE AND/OR DENY ADMITTANCE, MAY CHARGE AN ADMISSION FEE, OR ASK YOU TO LEAVE AN EVENT AT ANY TIME FOR ANY REASON. BY ATTENDING A COLOR INC EVENT, YOU AGREE AND UNDERSTAND THAT IN CONNECTION WITH YOUR PARTICIPATION, YOU MAY BE EXPOSED TO A VARIETY OF HAZARDS AND RISKS, FORESEEN OR UNFORESEEN, WHICH MAY OR MAY NOT BE INHERENT IN THOSE ACTIVITIES AND EVENTS. THESE INHERENT RISKS INCLUDE, BUT ARE NOT LIMITED TO, THE DANGERS OF SERIOUS PERSONAL INJURY, PROPERTY DAMAGE, AND DEATH (INJURIES AND DAMAGES) FROM EXPOSURE TO THE HAZARDS OF PUBLIC OR PRIVATE OUTINGS. BY ATTENDING COLOR INC EVENTS, YOU AGREE AND UNDERSTAND THAT INJURIES AND DAMAGES CAN OCCUR BY NATURAL CAUSES OR BY THE ACTS OF OTHER PERSONS OR THIRD PARITIES, EITHER AS A RESULT OF NEGLIGENCE OR BECAUSE OF OTHER REASONS. YOU ARE PERSONALLY RESPONSIBLE FOR ALL COSTS AND/OR RISKS ASSOCIATED WITH ANY PUBLIC OR PRIVATE EVENT OR ACTIVITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE TO WAIVE, DISCHARGE CLAIMS, RELEASE COLOR INC FROM ALL LIABILITY AND THEIR SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND OTHER PARTNERS AND EMPLOYEES, FROM ANY AND ALL LIABILITY ON ACCOUNT OF, OR IN ANY WAY RESULTING FROM INJURIES AND DAMAGES IN ANY WAY CONNECTED WITH ANY EVENTS OR ACTIVITIES.
You agree and acknowledge that Color Inc, in its sole discretion, may terminate your Color Inc membership or use of the Services, and remove and discard any content including, but not limited to, any and all information, communications, postings, albums, image files or any other content within the Service, at any time, without notice, for any reason.
MODIFICATION OF TERMS
You agree that Color Inc reserves the right to amend the Terms at any time, for any reason, and without notice, including the right to terminate the Services or any part of the Service.
These Terms constitute the entire agreement between you and Color Inc and govern your use of the Services, superseding any prior agreements between you and Color Inc. In the case of inconsistencies between these Terms and information included in off-line materials, (e.g., promotional materials and mailers), these Terms will always control. You may also be subject to additional Terms and Conditions that may apply when you use affiliate services, third-party content or third-party software. The failure of Color Inc to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. 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 Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.