COLOR INC TERMS OF SERVICE
Effective Date: October 8, 2026
These Terms of Service (“Terms”) govern your access to and use of the websites, ordering systems, software, products, printing, manufacturing, fulfillment, storage, and related services provided by Color Incorporated Digital Imaging (“Color Inc,” “we,” “us,” or “our”).
By creating an account, accessing or using our services, submitting an order, uploading files, or otherwise using Color Inc, you agree to these Terms and our Privacy Policy.
If you do not agree to these Terms, you should not use Color Inc’s services.
1. Eligibility and Customer Accounts
Color Inc primarily provides professional photographic printing, manufacturing, fulfillment, and related services to photographers, studios, schools, organizations, businesses, and other customers.
You must be legally capable of entering into a binding agreement to establish a Color Inc account.
You are responsible for maintaining accurate account information and safeguarding your account credentials.
You are responsible for activities conducted through your account and must notify Color Inc promptly if you believe your account has been accessed or used without authorization.
Color Inc reserves the right to refuse, suspend, restrict, or terminate an account when reasonably necessary to protect Color Inc, its customers, systems, or third parties, or when these Terms have been violated.
2. Orders
Customers are responsible for reviewing all aspects of an order before submitting it, including:
Image selection;
Image orientation;
Cropping;
Quantity;
Size;
Product selection;
Paper or material selection;
Color options;
Finishing options;
Text and spelling;
Shipping address;
Shipping method; and
Other customer-selected options.
Once an order enters production, it may not be possible to modify or cancel it.
Submitting an order constitutes authorization for Color Inc to manufacture the products requested and charge the applicable payment method.
Color Inc reserves the right to reject or cancel an order because of technical problems, suspected fraud, prohibited content, pricing errors, production limitations, equipment failure, material shortages, or other circumstances affecting our ability to fulfill the order.
If Color Inc cancels a paid order and no product is provided, the applicable amount will be refunded or credited.
3. Ordering Systems and Third-Party Platforms
Orders may be submitted through Color Inc websites, ROES applications, supported ordering software, integrated platforms, APIs, or other approved ordering methods.
Color Inc may receive orders, images, shipping information, customer information, and other data through third-party photography platforms and services selected by our customers.
Third-party platforms are independently operated and may have their own terms, privacy policies, pricing, functionality, and service requirements.
Color Inc is not responsible for the operation, availability, accuracy, security, policies, acts, or omissions of independently operated third-party platforms.
When an order is transmitted to Color Inc through an integrated platform, Color Inc’s responsibility is limited to the products and services Color Inc agrees to provide.
4. Pricing
Current pricing is displayed through Color Inc’s applicable ordering systems, catalogs, websites, integrations, account arrangements, or other current pricing materials.
Prices may vary based on product, quantity, customer program, account status, promotional offer, ordering method, or other applicable factors.
Color Inc may change prices at any time. Changes generally apply to orders submitted after the new pricing becomes effective.
Color Inc is not obligated to honor obvious typographical, technical, or pricing errors.
If a material pricing error affects an order, Color Inc may contact the customer for authorization before proceeding or cancel and refund the affected order.
5. Promotions, Discounts, and Customer Programs
Color Inc may offer promotional pricing, discount codes, rewards programs, volume pricing, account-specific pricing, credits, or other incentives.
Unless otherwise stated:
Promotions cannot be combined;
Promotions have no cash value;
Promotional credits are non-transferable;
Promotions may be limited to specific products, customers, catalogs, or ordering methods;
Promotions may have expiration dates; and
Color Inc may modify or discontinue promotions or programs at any time.
Additional terms disclosed with a promotion become part of the conditions governing that offer.
6. Payment
Payment is due according to the terms presented when an order is submitted or under any separately approved account arrangement.
By providing a payment method, you represent that you are authorized to use it and authorize Color Inc and its payment processors to charge amounts associated with your orders and services.
Customers are responsible for applicable taxes, fees, shipping charges, and other amounts disclosed in connection with an order.
If payment fails, is declined, reversed, or otherwise cannot be completed, Color Inc may suspend production, shipment, account access, or other services until payment is resolved.
7. Billing Disputes and Chargebacks
If you believe a Color Inc charge is incorrect, please contact Color Inc promptly so we can investigate and attempt to resolve the matter.
Nothing in these Terms waives or limits payment-dispute or chargeback rights that cannot legally be waived.
Color Inc may provide payment processors, financial institutions, or other parties involved in a payment dispute with records reasonably necessary to document the transaction, including order information, account information, shipping records, communications, and proof of fulfillment.
Fraudulent or abusive payment disputes may result in suspension or termination of an account.
8. Production and Turnaround Times
Production, processing, and turnaround times provided by Color Inc are estimates unless expressly guaranteed in writing.
Turnaround may be affected by product type, order quantity, seasonal demand, equipment availability, material availability, order complexity, production conditions, shipping conditions, or circumstances beyond Color Inc’s reasonable control.
Production time does not necessarily include shipping time.
Color Inc is not responsible for lost bookings, lost profits, missed events, lost customers, or other consequential losses resulting from production or delivery delays to the maximum extent permitted by applicable law.
9. Shipping and Delivery
Available shipping methods, charges, order minimums, and delivery options are those displayed through the applicable ordering system or otherwise communicated at the time of order.
Shipping rates and policies may change.
Carrier delivery dates are estimates unless expressly guaranteed.
Color Inc is not responsible for delays caused by carriers, weather, incorrect addresses, transportation disruptions, natural disasters, or circumstances outside our reasonable control.
Customers are responsible for providing complete and accurate shipping information.
Additional expenses resulting from incorrect or incomplete customer-provided addresses may be charged to the customer.
10. Drop Shipping and Direct-to-Customer Fulfillment
Color Inc may provide drop shipping or direct-to-customer fulfillment.
The Color Inc customer submitting the order remains responsible for ensuring that recipient names, addresses, products, and other order information are accurate.
Color Inc may communicate directly with a recipient when reasonably necessary to facilitate delivery, resolve a shipping problem, prevent fraud, or complete the requested fulfillment service.
Unless otherwise agreed, Color Inc’s contractual relationship remains with the customer who submitted the order.
11. Inspection of Orders and Seven-Business-Day Claim Period
Customers are responsible for inspecting orders promptly upon delivery.
Any claim involving a production error, manufacturing defect, shortage, incorrect product, shipping damage, or other apparent order discrepancy must be reported to Color Inc within seven (7) business days after delivery.
Customers should retain the affected product and original packaging until the claim has been resolved.
Color Inc may require photographs, packaging, order numbers, product samples, return of the affected merchandise, or other information reasonably necessary to investigate a claim.
Claims reported after seven business days may be denied or may qualify only for partial credit or other accommodation at Color Inc’s discretion, except where prohibited by applicable law or where another written Color Inc guarantee expressly provides otherwise.
Latent defects that could not reasonably have been discovered during ordinary inspection will be handled in accordance with applicable law and any applicable Color Inc written guarantee.
12. Reprints, Replacements, Credits, and Refunds
If Color Inc determines that a product contains a manufacturing or production error attributable to Color Inc, Color Inc may, at its discretion and as permitted by applicable law:
Reprint the affected product;
Replace the affected product;
Issue an account credit; or
Refund the applicable product charge.
Unless otherwise required by law or provided under an applicable Color Inc written guarantee, Color Inc is not responsible for free replacements or refunds resulting from customer-submitted errors, including incorrect cropping, image selection, spelling, design, quantities, addresses, product selections, or other customer-selected options.
Color Inc may require return, destruction, or photographic documentation of defective products before issuing a replacement, credit, or refund.
13. Reprint and Credit Redemption Period
When Color Inc authorizes a reprint, replacement, or customer credit that requires action by the customer, the customer must redeem or use that authorization within thirty (30) days after it is issued unless Color Inc provides a different period in writing.
An authorization that is not used within the applicable period may expire.
This provision does not eliminate rights provided by applicable law or an applicable written Color Inc guarantee.
14. Custom and Special-Order Products
Most Color Inc products are individually manufactured according to customer specifications and are therefore custom products.
Custom products are generally not returnable or refundable merely because the customer changes their mind or no longer needs the product.
Certain specialty products may involve custom materials, outsourced manufacturing, personalized fabrication, special finishing, or other production processes that cannot reasonably be reversed after production begins.
Unless Color Inc made a production error or applicable law or an applicable written guarantee requires otherwise, custom and special-order products are not eligible for cancellation, return, refund, or exchange after production has begun.
If a custom or special-order product arrives damaged or contains a manufacturing defect attributable to Color Inc, Color Inc will evaluate the claim under Sections 11–13 and any applicable written guarantee.
15. Color Inc Lifetime Guarantee and Other Written Guarantees
Certain Color Inc products or services may be covered by a separately published Lifetime Guarantee or another written Color Inc guarantee.
When a product is expressly covered by such a guarantee, the terms of that guarantee apply in addition to these Terms.
If an applicable written Color Inc guarantee provides a customer with greater protection concerning a covered defect than these Terms, the written guarantee will control with respect to that covered defect.
The existence of a Lifetime Guarantee does not make Color Inc responsible for issues outside the scope of that guarantee, including customer-submitted errors, normal wear or deterioration excluded by the guarantee, misuse, improper storage or handling, alterations by third parties, or other excluded conditions identified in the applicable guarantee.
Nothing in these Terms is intended to reduce rights expressly granted under an applicable Color Inc written guarantee.
16. Color, Cropping, and Image Quality
Customers are responsible for the quality, resolution, editing, color preparation, and suitability of files submitted to Color Inc.
Color appearance may vary between monitors, mobile devices, papers, photographic materials, inks, substrates, coatings, printers, and other production processes.
A computer or mobile-device display is not a guarantee of exact printed color.
Reasonable variations inherent in photographic printing, digital printing, manufacturing, finishing, materials, or production processes do not necessarily constitute manufacturing defects.
Customers using color-managed workflows are responsible for preparing files according to Color Inc’s current technical recommendations.
17. Customer Content and Ownership
“Customer Content” includes photographs, images, graphics, artwork, designs, text, logos, data, and other files submitted to Color Inc.
Customers retain their ownership rights in Customer Content.
Submitting Customer Content does not transfer ownership to Color Inc.
Customers grant Color Inc a limited, non-exclusive license to receive, store, access, process, reproduce, resize, crop, convert, transmit, manufacture, print, package, and otherwise use Customer Content as reasonably necessary to:
Produce requested products;
Fulfill orders;
Provide customer service;
Provide technical support;
Operate and secure our systems;
Investigate production issues;
Prevent fraud or misuse; and
Provide other services requested by the customer.
18. Marketing Use of Customer Images
Color Inc does not obtain the right to use Customer Content in advertising, social media, trade-show displays, promotional materials, sample products, portfolios, or other public marketing merely because the content was submitted for production.
Color Inc will obtain permission before using identifiable Customer Content for such marketing purposes unless the customer separately submitted or licensed that content for promotional use.
19. Copyright, Releases, and Customer Authorization
Customers represent and warrant that they own or possess all rights, licenses, permissions, releases, and authorizations necessary for Color Inc to reproduce and manufacture products using submitted Customer Content.
Customers may not use Color Inc to reproduce content in violation of copyright, trademark, privacy, publicity, contractual, or other legal rights.
Color Inc may refuse to reproduce material when we reasonably believe the requested reproduction may violate applicable law or third-party rights.
Color Inc may request evidence of authorization before producing particular content.
20. School, Sports, Event, and Volume Photography
Color Inc provides services to photographers and organizations engaged in school, sports, event, team, dance, volume, and similar photography.
Customer Content may include photographs and information concerning children, students, athletes, families, employees, or other individuals.
The customer submitting such content is responsible for obtaining the rights, permissions, releases, consents, and authority necessary to photograph individuals, collect associated information, transmit it to Color Inc, and request the applicable products.
Color Inc processes this information as reasonably necessary to provide printing, manufacturing, fulfillment, shipping, customer service, technical, security, and related services.
Unless separately agreed in writing, Color Inc does not assume responsibility for a customer’s obligations to schools, leagues, organizations, parents, participants, or other third parties.
21. Prohibited Content and Uses
Customers may not use Color Inc’s services to submit, produce, distribute, or facilitate content or activity that:
Violates applicable law;
Infringes intellectual-property rights;
Violates privacy or publicity rights;
Constitutes fraud or identity theft;
Contains unlawful exploitation or sexual abuse material;
Is submitted without legally required authorization; or
Is otherwise prohibited by applicable law.
Color Inc may reject orders, preserve information, suspend accounts, or cooperate with lawful authorities when reasonably necessary or legally required.
22. Image Storage and File Retention
Color Inc is a professional printing, manufacturing, and fulfillment provider and is not intended to serve as the customer’s permanent or primary image-storage or backup service, unless expressly stated otherwise.
Production files, uploaded images, order files, and related Customer Content may be retained for periods determined by Color Inc based on production requirements, reorders, customer service, system operation, backup practices, contractual requirements, or other legitimate business purposes.
Color Inc may delete Customer Content when it is no longer reasonably required.
Customers are solely responsible for maintaining independent backups of original photographs, artwork, designs, and other important files.
Customers should never rely upon Color Inc as the only copy or permanent archive of Customer Content.
23. Privacy
Color Inc’s collection, use, disclosure, retention, and protection of personal information is governed by the Color Inc Privacy Policy, which is incorporated into these Terms by reference.
The Privacy Policy describes our practices concerning customer information, orders, website activity, Customer Content, third-party integrations, cookies, marketing communications, security, data retention, and privacy rights.
24. Email and Electronic Communications
By creating an account, placing an order, or otherwise providing an email address, you agree that Color Inc may send electronic communications necessary to administer our relationship and provide requested services.
These communications may include order confirmations, invoices, shipping notifications, account notices, customer service communications, security notices, product or service changes, and other transactional or administrative communications.
Color Inc may also send promotional and marketing emails, including special offers, new products, promotions, educational information, product recommendations, and abandoned-cart reminders, as described in our Privacy Policy.
Marketing emails will provide an appropriate method to unsubscribe.
Unsubscribing from marketing communications does not prevent transactional, security, account, or service-related communications.
25. Security
Color Inc uses reasonable administrative, technical, physical, and organizational safeguards designed to protect its systems, customer information, and Customer Content.
No electronic system, network, internet transmission, cloud service, or storage system can be guaranteed to be completely secure or continuously available.
Customers are responsible for safeguarding their own account credentials and systems.
26. Service Availability
Color Inc does not guarantee uninterrupted or error-free availability of its websites, ordering systems, integrations, software, or technology.
Services may be temporarily unavailable because of maintenance, equipment failure, internet outages, third-party failures, security incidents, upgrades, or circumstances outside Color Inc’s reasonable control.
Color Inc may modify, replace, suspend, or discontinue particular ordering systems, products, features, or services.
27. Third-Party Services
Color Inc may rely on third-party providers for payment processing, hosting, cloud infrastructure, shipping, communications, analytics, security, software, and other business functions.
To the extent permitted by applicable law, Color Inc is not responsible for independent acts, omissions, outages, policies, or services of third parties outside Color Inc’s reasonable control.
28. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COLOR INC’S WEBSITES, SOFTWARE, SYSTEMS, PRODUCTS, AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS EXCEPT FOR EXPRESS WARRANTIES OR GUARANTEES PROVIDED BY COLOR INC.
COLOR INC DISCLAIMS IMPLIED WARRANTIES TO THE EXTENT PERMITTED BY LAW, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
THIS SECTION DOES NOT LIMIT THE COLOR INC LIFETIME GUARANTEE OR ANOTHER EXPRESS WRITTEN COLOR INC GUARANTEE APPLICABLE TO A PARTICULAR PRODUCT.
NOTHING IN THESE TERMS EXCLUDES WARRANTIES OR RIGHTS THAT CANNOT LEGALLY BE EXCLUDED.
29. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COLOR INC WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOST CLIENTS, LOST BOOKINGS, LOST OPPORTUNITIES, OR LOSS OF DATA ARISING FROM OR RELATED TO COLOR INC’S PRODUCTS OR SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COLOR INC’S TOTAL LIABILITY ARISING FROM A PARTICULAR ORDER, PRODUCT, SERVICE, OR TRANSACTION WILL NOT EXCEED THE AMOUNT ACTUALLY PAID TO COLOR INC FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM.
THIS LIMITATION DOES NOT ELIMINATE COLOR INC’S OBLIGATIONS UNDER AN APPLICABLE EXPRESS WRITTEN GUARANTEE.
THESE LIMITATIONS DO NOT APPLY TO LIABILITY THAT CANNOT LEGALLY BE LIMITED OR EXCLUDED.
30. Indemnification
To the extent permitted by applicable law, customers agree to indemnify, defend, and hold harmless Color Inc and its owners, officers, employees, and agents from third-party claims, damages, liabilities, losses, and reasonable costs arising from:
Customer Content;
Violation of these Terms;
Infringement of intellectual-property, privacy, publicity, or other rights;
Lack of required rights, releases, permissions, or consents; or
Unlawful use of Color Inc’s services.
Color Inc will provide reasonable notice of covered claims and may participate in their defense.
31. Force Majeure
Color Inc will not be responsible for delays or failures caused by circumstances beyond its reasonable control.
These may include natural disasters, severe weather, fire, flood, pandemic, epidemic, war, terrorism, civil unrest, labor disputes, transportation disruptions, carrier failures, power outages, internet failures, cyberattacks, equipment failures, material shortages, governmental actions, or failures of suppliers or service providers.
32. Suspension and Termination
Color Inc may suspend or terminate access to services when reasonably necessary because of:
Nonpayment;
Fraud or suspected fraud;
Security concerns;
Illegal activity;
Abuse of Color Inc personnel or systems;
Material violations of these Terms; or
Circumstances creating unreasonable risk to Color Inc, its customers, or third parties.
Termination does not eliminate obligations arising before termination.
Provisions that by their nature should survive termination will remain effective.
33. Changes to Products and Services
Color Inc may add, modify, replace, restrict, or discontinue products, materials, features, software, ordering methods, pricing programs, shipping options, integrations, or other services.
Color Inc is not obligated to continue offering a particular product or service indefinitely.
34. Changes to These Terms
Color Inc may update these Terms periodically to reflect changes in our services, business practices, technology, legal requirements, or policies.
The effective date at the beginning identifies the current version.
When required by applicable law, Color Inc will provide notice of material changes.
Continued use of Color Inc’s services after revised Terms become effective constitutes acceptance to the extent permitted by applicable law.
35. Limitation Period for Claims
To the maximum extent permitted by applicable law, any claim or legal action arising out of or relating to Color Inc’s products, services, an order, or these Terms must be commenced within one (1) year after the event giving rise to the claim or, if later, within one (1) year after the claim reasonably could have been discovered.
If applicable law does not permit a one-year contractual limitation period for a particular claim, the shortest limitation period permitted by applicable law will apply.
This section does not shorten a claim period that applicable law prohibits Color Inc from shortening and does not eliminate obligations under an applicable Color Inc written guarantee.
36. Governing Law and Venue
These Terms and disputes arising from or relating to Color Inc’s services are governed by the laws of the State of Michigan, without regard to conflict-of-law principles, except where applicable law requires otherwise.
To the extent permitted by applicable law, legal proceedings arising from these Terms or Color Inc’s services will be brought in an appropriate state or federal court located in or serving Kent County, Michigan, and the parties consent to the jurisdiction of those courts.
Nothing in this section limits rights that applicable law does not permit the parties to waive.
37. Severability
If a provision of these Terms is determined to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted or modified as necessary to make it enforceable.
The remaining provisions remain in full force and effect.
38. No Waiver
Color Inc’s failure to enforce a provision does not waive our right to enforce that provision or another provision later.
39. Assignment and Business Transfers
Customers may not assign their rights or obligations under these Terms without Color Inc’s prior written consent.
Color Inc may assign these Terms and transfer associated business records in connection with a merger, acquisition, financing, reorganization, sale of assets, or transfer of all or part of its business, subject to applicable law and our Privacy Policy.
40. Entire Agreement
These Terms, the Color Inc Privacy Policy, applicable Color Inc written guarantees, applicable promotional or product terms, and any separately executed written agreement between Color Inc and the customer constitute the agreement between the parties concerning the applicable services.
If a separately executed written agreement expressly conflicts with these Terms, the separately executed agreement controls to the extent of the conflict.
If an applicable Color Inc written guarantee provides greater protection concerning a covered product defect, that guarantee controls with respect to that covered defect.
41. Event Participation
Participation in Color Inc-sponsored or affiliated in-person events, workshops, demonstrations, facility activities, or other physical events may be subject to a separate registration agreement, release, assumption-of-risk agreement, or liability waiver.
These Terms do not replace any separately executed event agreement or waiver.
42. Contact Information
Questions regarding these Terms may be directed to:
Color Incorporated Digital Imaging
3280 Chicago Drive SW
Grandville, MI 49418
United States
Privacy-related questions or requests may be directed to:
Customer service questions may be submitted using the current customer service contact information provided on the Color Inc website.
By creating an account, submitting an order, uploading Customer Content, or otherwise using Color Inc’s services, you acknowledge that you have read and agree to these Terms of Service and the Color Inc Privacy Policy.