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| Conditions of Use |
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| Your use of this site is expressly conditioned on your acceptance of the following terms and conditions. By using this site, you signify that you agree to these terms and conditions. If you do not agree with any part of the following terms and conditions, you must not use this site.
Ownership
This site, and each of its modules, together with the arrangement and compilation of the content found on this site, is the copyrighted property of UnColor.com and the various third party providers and distributors. In addition, the trademarks, logos and service marks displayed on this site (collectively, the "Trademarks") are registered and common law Trademarks of UnColor.com, and the various third parties. Nothing contained on this site should be construed as granting, by implication or otherwise, any license or right to use any of the Trademarks without the written permission of UnColor.com or such other party that may own the Trademarks.
Use of Site
UnColor.com grants you a limited, non-transferable license to use this site in accordance with the terms and conditions of this User Agreement. You may only use this site to make legitimate purchases and shall not use this site for any other purposes. This site and the content provided in this site, including the text, graphics, and button icons, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of UnColor.com or the third party providers and distributors. You may not use any automatic device, program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this site, without the prior written permission of UnColor.com, you also agree that you will not transmit or otherwise transfer any web pages, data or content found on this site to any other computer, server, web site, or other medium for mass distribution or for use in any commercial enterprise. You agree that you will not use any device, software or routine to interfere, or attempt to interfere, with the proper working of this site. You agree that you will not take any action that imposes a burden or load on our infrastructure that UnColor.com, at its sole discretion, deems to be unreasonable or disproportionate to the benefits that UnColor.com gains from your use of the site. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws. The use of such materials on any other web site or in any environment of networked computers is prohibited. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. In addition, you are prohibited from posting or transmitting any information which
(a) infringes the rights of others or violates their privacy or publicity rights,
(b) is protected by copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right,
(c) contains a virus, bug or other harmful item, or
(d) is used to unlawfully collude against another person in restraint of trade or competition. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, proprietary right, or any other harm resulting from your use of this site.
Age and Responsibility
If you use this site, you are responsible for maintaining the confidentiality of your account information. You represent that you are of sufficient legal age to use this site and to create binding legal obligations for any liability you may incur as a result of the use of this site.
Privacy
You have read the UnColor.com Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable.
Review of Transmissions
UnColor.com, from time to time, monitor and review any information transmitted or received through this site and reserves the right to censor, edit, remove or prohibit the transmission or receipt of any information that UnColor.com deems inappropriate or in violation of these terms and conditions. During monitoring, the information may be examined, recorded or copied, and your use of this site constitutes your consent to such monitoring and review. You agree that if you submit suggestions, ideas, comments or questions or post any other information on this site, you grant UnColor.com a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicenseable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content in any form, media or technology. UnColor.com assumes no responsibility or liability for any content posted or submitted by you.
Exclusion of Warranty
UnColor.com makes no warranty of any kind regarding this site and/or any materials provided on this site, all of which are provided on an "as is" basis. UnColor.com does not warrant the accuracy, completeness, currency or reliability of any of the content or data found on this site and expressly disclaim all warranties and conditions, including implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade. UnColor.com does not warrant that this site, its servers or any email sent from UnColor.com, free of viruses or other harmful components. some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. this warranty gives you specific rights which vary from state to state..
Limitation of Liability
UnColor.com accepts no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in this site or your downloading of any materials, data, text, images, video or audio from the site. in no event shall UnColor.com be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of this site or content found herein, (ii) any failure or delay (including, but not limited to the use of or inability to use any component of this site for reservations or ticketing), or (iii) the performance or non performance by UnColor.com . If, notwithstanding the foregoing, UnColor.com should be found liable for any loss or damage which arises out of, or is in any way, connected with any of the above described functions or uses of this site or its content, the liability of UnColor.com shall in no event exceed, in the aggregate, the greater of (a) the subscription fee and service charge for accessing this site, or (b) US$100.00. In its sole discretion, in addition to any other rights or remedies available to UnColor.com and without any liability whatsoever, UnColor.com at any time and without notice may terminate or restrict your access to any component of this site. Some states do not allow limitation of liability, so the foregoing limitation may not apply to you.
Indemnification
You shall defend and indemnify UnColor.com, their officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by or on your behalf in excess of the liability described herein or by third parties as a result of your use of this site.
Links
This site contains links to other web sites which are provided solely as a convenience to you and not as an endorsement by UnColor.com, of the contents of such other web sites. UnColor.com shall not be responsible for the content of any other web sites and makes no representation or warranty regarding other sites or the contents or materials on such web sites. If you decide to access other web sites, you do so at your own risk.
Attorneys Fees
If UnColor.com takes any action to enforce this User Agreement and these terms and conditions, such parties will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorneys fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.
Injunctive
You acknowledge that a violation or attempted violation of any of this User Agreement and these terms and conditions will cause such damage to UnColor.com as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that UnColor.com shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, your affiliates, partners, or agents, as well as recover from you any/all costs and expenses sustained or incurred by UnColor.com in obtaining such an injunction, including, without limitation, reasonable attorneys fees. You agree that no bond or other security shall be required in connection with such injunction
Termination
UnColor.com may terminate this User Agreement and these terms and conditions and/or the provision of any of the services at any time for any reason, including any improper use of this site or your failure to comply with these terms and conditions. Such termination shall not effect any right to relief to which UnColor.com may be entitled, at law or in equity. Upon termination of this User Agreement and these terms and conditions, all rights granted to you will terminate and revert to UnColor.com , as applicable.
Modification
UnColor.com reserves the right to modify these terms and conditions, your continued use of this site will be conditioned upon the terms and conditions in force at the time of your use.
Additional Terms
Additional terms and conditions may apply to purchases of goods and services and other uses of portions of this site, and you agree to abide by such other terms and conditions.
Severability
These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
Entire Agreement
This User Agreement, together with any terms and conditions incorporated herein, or referred to herein, constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site. |
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