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Terms of Use

Acceptance of Terms of Use

By using, visiting, or browsing any web site or portal published by Color by Design, any of its affiliates or subsidiaries (collectively, "Color by Design") (collectively, the "Web Site(s)") you accept, without limitation or qualification, these Terms of Use and agree, without limitation, to the terms of our Privacy Policy. If you do not agree to these Terms of Use and our Privacy Policy, please do not use our services or visit our Web Sites. Acceptance of these Terms of Use constitutes a legal agreement between you and Color by Design.

Changes to Terms of Use

Color by Design may at any time revise these Terms of Use and/or our Privacy Policy. You are bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Use, Privacy Policy and conditions to which you are bound. Your use of the Web Sites after changes are made means you agree to be bound by the Terms of Use and Privacy Policy of the Web Site you visit as such Terms of Use and Privacy Policy exist at that time.

Limitations of Use

You must be 18 years of age or older to access our Web Sites or use our services. By accessing our Web Sites, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Web Sites. You also agree not to interfere with the servers or networks connected to the Web Sites or to violate any of the procedures, policies or regulations of networks connected to the Web Sites, the terms of which are incorporated herein. You also agree not to (i) impersonate any other person while using the Web Sites, (ii) conduct yourself in an inappropriate, offensive, indecent, or vulgar manner while using our service or Web Sites, or (iii) use the Web Sites for any unlawful purpose. You further agree to only submit content to the Web Sites that is in compliance with all applicable laws, rules and regulations and is (a) owned by you, (b) submitted with the express permission of the owner or within the scope of the license to such content, or (c) in the public domain. Color by Design reserves the right to terminate your access to the Web Sites or any of its services if it determines that you do not comply with these terms and conditions; provide false, inaccurate, or incomplete information during our registration process; engage in any conduct that would otherwise harm any of Color by Design's rights or interests in its Web Sites, services, or other property; or for any or no reason whatsoever without prior notice to you.

Monitoring and Management of Content of Web Sites

Color by Design shall have the right, but not the obligation, to monitor the content of the Web Sites to determine compliance with these Terms of Use and any other operating rules established by Color by Design, as well as to determine compliance with applicable laws, including but not limited to, copyright laws. Color by Design shall have the right in its sole discretion to edit, refuse to post, block access to, or remove any material submitted to or posted on the Web Sites that Color by Design finds to be in violation of these Terms of Use or that Color by Design believes may violate laws or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity.

Links

Some of the hyperlinks on the Web Sites may lead to third-party web sites. These web sites are not controlled by, or affiliated with, Color by Design. In addition, other web sites may link to our Web Sites. Color by Design is not responsible for the content or privacy policies of these third-party web sites.

Intellectual Property

The elements of the Web Sites, including, but not limited to, text, graphics, logos, depictions, designs, photographs, images, digital downloads, data compilations, sound, video, and software are protected by United States and international copyright, trademark, and trade dress laws and are the property of Color by Design or its affiliates. The compilation of the content on the Web Sites is the exclusive property of Color by Design.

Copyrights

The copyright in all materials provided on the Web Sites is owned by Color by Design or its affiliate(s). Except as stated herein, none of the material contained in the Web Sites may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written consent of Color by Design. Permission is hereby granted to view, copy, print and download the materials on the Web Sites for personal, noncommercial use only provided such materials are used for informational purposes only, and all copies, or portions thereof, include this copyright notice. Color by Design may revoke any of the foregoing rights at any time. You may not, without Color by Design's prior written consent, "mirror" any material contained on the Web Sites on any other server. Upon termination of any rights extended hereunder, you must immediately destroy any downloaded and printed materials obtained from any Web Site. Any unauthorized use of any material contained on the Web Sites may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Trademarks

The trademarks, service marks and logos ("Trademarks") used and displayed on the Web Sites are registered or unregistered Trademarks of Color by Design. Nothing on the Web Sites shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark displayed on the Web Sites without the prior written consent of the Trademark owner. The name of Color by Design or any Trademark may not be used in any way including in any advertising or publicity pertaining to distribution of materials on the Web Sites without the prior written consent of Color by Design. Color by Design prohibits the use of any Color by Design logo and Trademark as a "hot" link to any web site unless establishment of such link is approved in advance by Color by Design in writing.

Use of Information and Materials Submitted to the Web Sites

Color by Design is free to use any photos, drawings, text, comments, suggestions, information, ideas, concepts, reviews, techniques and/or any other content or information (collectively and severally, "Materials") submitted by you to Color by Design and/or contained in any communication you may send to Color by Design (through the Web Sites or otherwise) without further compensation, acknowledgement or payment to you, for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Web Site or other Web Sites. Any Materials that are submitted shall become, and remain, the property of Color by Design. You hereby assign all right, title and interest in such Materials to Color by Design. Without limiting the foregoing, Color by Design may use, reproduce, edit, display, transmit, prepare derivative works of, modify, publish, and otherwise make use of Materials in any and all media, whether now known or hereinafter created, throughout the world and for any purpose, without compensation to you of any kind. In the event that any such Materials cannot be so assigned to Color by Design, you hereby grant Color by Design an irrevocable, world-wide, fully-paid, royalty-free license to use the Materials as otherwise described in these Terms of Use and for any other purpose. Color by Design is not responsible for the confidentiality of any information communicated to our Web Sites. By communicating material to our Web Sites, you agree that Color by Design has the right to publish the material for any purpose, including, but not limited to, advertising and promotional purposes. You acknowledge and agree that Color by Design shall have no obligation to post, display, or otherwise make publicly available any Materials submitted by you. Any information submitted on the Web Sites is subject to the Color by Design Privacy Policy, the terms of which are incorporated herein.

You acknowledge and agree that Materials submitted by you may be made available by Color by Design for viewing, rating, reviewing, and commenting by the public. You acknowledge that comments or ratings that you disagree with or are unhappy about may be published or otherwise become associated with Materials that you submit to Color by Design. By submitting Materials to Color by Design, you waive any privacy expectations that you may have with respect to the Materials and agree that Color by Design is not responsible or liable for any viewing, rating, reviewing, and commenting by the public with respect to any Materials.

By submitting Materials to Color by Design, you represent and warrant that the Materials comply with all applicable laws, rules and regulations and do not infringe any copyright, trademark, property rights, rights of privacy or publicity of any person, or any other right (including without limitation intellectual property and proprietary rights) of any third party and that you have the full and unrestricted right to transfer the Materials to Color by Design, free and clear of any claims or encumbrances. You agree to hold Color by Design and its officers, directors, employees, agents, successors, and assigns harmless from and against—and hereby waive any right to pursue—any claims of any nature arising in connection with any breach of the foregoing representation and warranty and/or Color by Design’ use of the Materials submitted to Color by Design and used in any manner in Color by Design’s sole and absolute discretion.

DISCLAIMER OF WARRANTY

THE CONTENT (IN WHATEVER FORM OR MEDIA) CONTAINED ON THE WEB SITES IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEB SITES; ANY FAILURES, DELAYS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED ON THE WEB SITES; ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED ON THE WEB SITES; OR ANY CONDUCT BY USERS OF THE WEB SITES. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, COLOR BY DESIGN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATIONS OF RIGHTS.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL COLOR BY DESIGN, ITS OFFICERS, DIRECTORS, OR EMPLOYEES BE LIABLE (JOINTLY OR SEVERALLY) FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, DATA, OR PROFIT, ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR THE INABILITY TO USE THE MATERIALS ON THE WEB SITES, EVEN IF COLOR BY DESIGN OR A COLOR BY DESIGN REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Indemnity

You agree to indemnify, defend and hold harmless Color by Design, its officers, directors, employees, and agents, from and against any claims, actions, or demands, including, but not limited to, reasonable legal and accounting fees, alleging or resulting from your use of the Web Sites or your breach of these Terms of Use. Color by Design shall provide notice to you promptly of any such claim, suit, or proceeding and may, at Color by Design’s discretion, assist you, at your expense, in defending any such claim, suit, or proceeding.

Copyright 2012. Color by Design. All rights reserved.