Terms of Use

 

 

TERMS OF USE

Color Right, LLC. (“Color Right App “, “we” or “us”) provides a platform to enable you to develop and manage smartphone and tablet applications (each a “Mobile Application”) and mobile website solutions (each a “Mobile Site”) as well as related hosting and support services (the “Service”). As used in this document “Mobile Offering” means the Mobile Applications and Mobile Sites. By using the http://Color Right App.com web site (“Site”) and/or the Service, you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

 

Color Right App reserves the right to update and change the Terms of Service from time to time without advance notice. If we modify these Terms of Service, we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms of Service or on the Site. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. By continuing to access or use the Site and Service after we have posted a modification to these Terms of Service on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the Site and Service. You can review the most current version of the Terms of Service at any time at http://Color Right App.com/terms/. Violation of any of the terms below will result in the termination of your Account. You agree to use the Service at your own risk and subject to the terms set forth below.

 

Account Terms

You must be 13 years or older to use this Service and open an account (“Account”).

You must be a human. Accounts registered by “bots” or other automated methods are not permitted.

 

You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process to open an Account.

You are responsible for maintaining the security of your Account and password. Color Right App cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

 

Color Right App will be the sole publisher of your Mobile Applications with any mobile platform provider including, but not limited to, for the Android Market, but excluding Apple Computer, Inc. (“Apple”). Such mobile platform providers are referred to in these Terms of Service as “Providers” and you may not use your own Account to publish a Mobile Application with any such Providers. As noted above, Apple is not considered a Provider under these Terms of Service and consequently, if you use the Service to develop a Mobile Application for the platforms and operating systems for the mobile devices of Apple then you must enter into a separate agreement with Apple directly in this regard to become an Apple application developer and you and not Color Right App will be the publisher of your Mobile Applications for Apple mobile devices. Notwithstanding the foregoing, you agree, to provide Color Right App with full access to the account you create with Apple by providing Color Right App with your Apple account login details (e.g. email address/password) so that Color Right App may (i) initially publish your Apple Mobile Application, (ii) upgrade your Apple Mobile Applications when Color Right App releases new versions of the Service, and (iii) track all revenue by you relating to such Apple Mobile Application and account for such revenues in the context of the Service.

 

You are responsible for all text, data, graphics, images, photos and video files posted on the Site or via the Service (“Content”) and activity that occurs under your Account (even when Content is posted by others who have access to your Account). Your Content includes any advertisements sourced and/or made available by you via the content management system.

You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright and privacy laws).

 

See Color Right App’ Privacy Policy for information and notices concerning Color Right App’s collection and use of your personal information and that of end-users.

 

Payments and Refund Terms

The Support Service is billed in advance on a monthly or yearly basis and is non- refundable. There will be no refunds or credits for setup fees, partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open Account. If your account is billed on a yearly basis and you wish to discontinue service, you must provide 72 hours notice before your billing anniversary date in order to ensure no additional billing for the following year. In order to treat everyone equally, no exceptions will be made.

 

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.

 

Color Right App will use commercially reasonable efforts to have the Mobile Application approved by the applicable Providers. Although there is a high likelihood of approval, we do not and cannot guarantee acceptance. If your Mobile Application is denied by the appropriate Provider, you may cancel your Account. However, there are no refunds under any circumstances.

If invoiced, payment is due upon receipt.

 

Cancellation and Termination

You are solely responsible for properly canceling your Account. Account cancellation requests must be submitted via http://support.Color Right App.com Cancellations by phone or sent via any other means will not be considered valid.

 

All of your Content will be deleted from the Service upon cancellation. This information cannot be recovered once your Account is canceled.

If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.

 

Color Right App, in its sole discretion, has the right to suspend or terminate your Account and refuse any and all current or future use of the Service, or any other Color Right App service, for any reason at any time. The reasons we might do this include your violation of these Terms of Service. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account.
 

Color Right App reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

 

Color Right App reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without prior notice.

Prices for the Service, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Site or via the Service itself.

 

Color Right App shall not be liable to you or to any third party for any of the actions or inactions of its third party business partners regarding modification, price changes, suspension or discontinuance of the services of such third party business partners which work or integrate with the Service.

 

From time to time, Color Right App may issue an update to the Service which may add, modify, and/or remove features from the Service. These updates may be pushed out automatically with little or no notice, although Color Right App will make commercially reasonable efforts to notify you in advance of an upcoming update, including details on what the update includes.

License Grant, Copyright and Content Ownership

 

You hereby grant to Color Right App a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, access, view, copy, adapt, modify, distribute, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such Content in any and all media now and in the future, for any purpose relating to the Service. Color Right App does not claim any ownership rights in your Content and nothing in these Terms of Service will be deemed to restrict any rights that you may have to use and exploit any such Content.

 

We claim no intellectual property rights over your Content. Your profile and materials uploaded by you remain yours. However, by using the Service to create your Mobile Offering, you agree to allow others to view and share your Content via your Mobile Offering.

Color Right App does not pre-screen Content, but Color Right App and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.

 

The Site, Mobile App and the Service, including their “look and feel” are protected by copyright, trademark, and other laws of the United States and foreign countries. Color Right App exclusively owns all right, title and interest in and to the Site. Mobile App and the Service, including all associated intellectual property rights. Without limiting the foregoing, you may not duplicate, copy, or reuse any portion of the HTML/CSS/App Code or visual design elements of the Site. Mobile App or the Service without express written permission from Color Right App.

 

General Conditions

​You agree that you will not post, upload, publish, submit or transmit any Content that:

(i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is targeted to children or may be deemed “directed to children” as the term is defined under Children’s Online Privacy Protection Act of 1998; (v) is defamatory, obscene, pornographic, vulgar or offensive; (vi) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vii) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (viii) promotes illegal or harmful activities or substances of the Site or Service, or to review or edit any Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Color Right App reserves the right, at any time and without prior notice, to remove or disable access to any Content and Accounts we determine in our sole discretion to be in violation of these Terms or otherwise harmful to the Site or Service.

 

You understand that Color Right App uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

 

You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service or any other Color Right App service.

 

You agree not to reproduce, duplicate, copy, reverse engineer, sell, resell or exploit any portion of the Service, Mobile App, Mobile App Functionality, use of the Service, or access to the Service without the express written permission by Color Right App.

 

Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Color Right App customer, employee, member, or officer will result in immediate Account termination.

You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

 

You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam”

messages.

 

You must not transmit any worms or viruses or any code of a destructive nature.

Disclaimers

Your use of the Service is at your sole risk. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Color Right App EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, SERVICES, CONTENT, AND USER SUBMISSIONS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. Color Right App does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the Service will be corrected.

Indemnity

 

You agree to defend, indemnify, and hold Color Right App, its officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in any way connected with (i) your access to or use of the Site or the Service; (ii) your violation of these Terms of Service; or (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right by you or your Mobile Offering.

 

Limitation of Liability

You expressly understand and agree that Color Right App shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Color Right App has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; (v) or any other matter relating to the Service. In no event shall Color Right App’s liability to you exceed the amount actually paid to Color Right App by you during the preceding 6 months.

 

Governing Law

These Terms of Service and any action related thereto will be governed by the laws of the State of Washington without regard to its conflict of laws provisions.

Dispute Resolution

1. You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or Color Right App exclusively in a state or federal court located in Pierce County. The laws of the State of Washington will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.

2. If anyone brings a claim against us related to your actions, content or information on Color Right App, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users’ actions on Color Right App and are not responsible for the content or information users transmit or share on Color Right App. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information on Color Right App. We are not responsible for the conduct, whether online or offline or any user of Color Right App.

 

WE TRY TO KEEP Color Right App UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING Color Right App AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT Color Right App WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT Color Right App WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. Color Right App IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR Color Right App, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR Color Right App WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, Color Right App LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

 

General

The failure of Color Right App to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Color Right App and govern your use of the Service, superseding any prior agreements between you and Color Right App (including, but not limited to, any prior versions of the Terms of Service). If for any reason a court of competent jurisdiction finds any provision of these Terms of Service invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Service with remain in full force and effect.

 

You acknowledge and agree that you are each waiving the right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, more than one person’s claims may not be consolidated under any circumstances, in any form of any class or representative proceeding or otherwise.

 

Contacting Color Right App; Technical Support

Questions about the Terms of Service or for general technical support information you may visit http://support.Color Right App.com. If you have purchased an upgraded support package, please contact us via the phone number provided to you.