Terms & Conditions
These Terms and Conditions (the “Terms”) govern your use (whether as a guest or a registered user) of our website located at www.coloredfaces.com (the “Site”), all services and activities accessible via our Site (the “Services”).
Agreement to Terms
By using our Site and Services, you accept these Terms in full; accordingly, if you disagree with these Terms or any part of these Terms, you must not use our Site and Services.
Changes to Terms or Services
We may modify the Terms at any time, in our sole discretion. If we do so, we will let you know either by posting the modified Terms on the Site or through other communications. It is important that you review the Terms whenever we modify them because if you continue to use the Site or Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you can’t use our Site and Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
Who may use the Site and Services
You may use the Site and Services only if you are 13 years or older and are not barred from using the Site or Services under applicable law. By using this Site or Services you warrant and represent that you are at least 13 years of age. To make a purchase via the Site and Services (described in the Section titled “Purchase” below), you must be 18 years or older and capable of forming a binding contract. By making purchase via the Services you warrant and represent that you are at least 18 years of age and capable of forming a binding contract.
You may use our Site and Services only for lawful purposes.
You must not use our Site, Services:
- In any way that breaches any applicable local, national or international law or regulation;
- In any way that causes, or may cause, damage to the Site, Services or impairment of the availability or accessibility of the Site, Services or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You also agree not to do any of the following:
- To write, send, share, upload, download, use or reuse any material which does not comply with our Content Standards;
- To use the Site, Services for any purposes related to advertising or marketing without the express written consent of the Site;
- To use the Site, Services for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
- To send, or procure the sending of, any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
- To conduct any systematic or automated data collection activities on or in relation to the Site without the Site’s express written consent. This includes without limitation scraping, data mining, data extraction, data harvesting, "framing" (iframes);
- To collect or store any personally identifiable information from the Site, Services, from other users of the Site, Services without their express permission;
- To use, display, copy, mirror or frame the Site, Services, or any individual element within the Site or Services, the Site’s name, trademark, logo, slogan or other proprietary information, or the layout and design of any page or form contained on a page, without the Site’s express written consent;
- To use any meta tags or other hidden text or metadata utilizing the Site’s trademark, logo URL, name or slogan without the Site’s express written consent;
- To forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services to send altered, deceptive or false source-identifying information;
- To access, tamper with, or use nonpublic areas of the Site, Services, the Site’s computer systems, or the technical delivery systems of the Site’s providers;
- To encourage or enable any other individual to do any of the foregoing.
These content standards apply to any and all material which you choose to write, post, upload, make public on the Site, to all information you choose to share by filling in your profile (the “User Content”). These standards apply to each part of any material as well as to its whole.
Information must comply with applicable law in any country from which it is posted.
Information must not:
- Contain any material which is defamatory of any person;
- Contain any material which is obscene, offensive, hateful or inflammatory;
- Promote sexually explicit material;
- Promote violence;
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- Infringe any copyright, database right or trademark of any other juridical or physical person;
- Be likely to deceive any person;
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- Promote any illegal activity;
- Be threatening, abuse or invade anothers privacy, or cause annoyance, inconvenience or needless anxiety;
- Be likely to harass, upset, embarrass, alarm or annoy any other person;
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Suspension and Termination
We will determine, in our discretion, whether there has been a breach of this Acceptable Use or Content Standards through your use of our Site, Services. When a breach of Acceptable Use or Content Standards has occurred, we may take such action as we deem appropriate. It may result in our taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use the Site, Services;
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our Site;
- Issue of a warning to you;
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
- Further legal actions against you;
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this Acceptable Use or Content Standards. The responses described are not limited, and we may take any other action we reasonably deem appropriate.
The Site is not responsible for the User Content as well as for the content of external sites which can be accessible through the Site, Services, User Content.
The Site offers certain Services in exchange for the payment of a single fixed fee (the “Paid Services”). A description of features associated with this offering is available via the Site, Services, Content. Prices for Services are valid at the time of order. We reserve the right to change prices without notice from time to time.
So far, accessible payment methods are PayPal, WebMoney Transfer, Yandex.Money systems. By completing the payment process you are confirming that PayPal account, WebMoney Transfer account, Yandex.Money account, bank card as well as all funds being used for the transaction are yours. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Site.
Funds must be fully received and cleared before you receive the Paid Services. If we haven’t received your payment, you will not receive the Paid Services. We consider the purchase as made once your funds have cleared (e.g. in our PayPal account). After that you will receive the Paid Services automatically. Usually all the process takes a few moments to proceed. We consider the Paid Services as received once graphic square in chosen before the payment process web color (identifiable by its unique six-digit ‘hex code’) (the “Color”) have appeared on the Site’s homepage. If the Paid Services are received, you can’t get a refund.
If your funds are cleared, but the Paid Services are not received, please email us at email@example.com and we will resolve the issue in 48 hours. If we haven’t resolved the issue within specified period of time you can get the refund after your written request (within 5 business days). If you haven’t informed us about the issue by sending us email you will not get the refund after your written request. In such a case we will try to resolve the issue first.
All Paid Services are sold “as is”. You assume the responsibility for the purchase, and no refunds will be issued. No exchange as well. We are not required to provide any refund if you change your mind about the Color you have chosen and bought. If you delete your bought Color or delete your profile from the Site, you will not get the refund. If you breach the Terms, Acceptable Use or Content Standards, we reserve the right to take all or any of the actions described in the Section titled “Suspension and Termination”. If your bought Color or profile (with all or any User Content associated with it) is temporarily or permanently hidden, blocked or deleted in response to your breach of the Terms, Acceptable Use or Content Standards, you will not get any refund.
Please be aware of the following:
When you “Buy Color” or “Own Color”, this means you only buy or have the right to use the appeared graphic square in chosen web color on the Site for certain period of time and solely for your personal and non-commercial purposes. Each web color has its own unique six-digit ‘hex code’. Graphic square in each unique web color can be used on the Site simultaneously by only one registered user. If you delete your Color you will lose the right to use this Color on the Site. If you delete your profile all your Colors will be deleted as well. This means other registered users will be able to buy these Colors for their personal use.
Such Color usage or ownership doesn’t apply to the Site’s logo, graphics, texts, video, pictures, layout and design of any page, any other content which can be accessible through the Site, Services, User Content. It doesn’t apply to any other websites, webpages and offline world. The usage of the Color is limited by the Site’s functions, Terms, Acceptable Use and Content Standards. If you breach the Terms, Acceptable Use or Content Standards, you can temporarily or permanently lose the right to use bought Colors or registered profile. You have no rights to sell and resell your Colors or profile in any way to other registered or unregistered users.
You will Own your color for as long as the site exists in its current format. We make no warranty that the Site, Content, Services, Paid Services, any other conditions will not be changed further or that our Site, Services, Paid Services, Content will be available after the date 01/01/2018. We will let you know about upcoming changes either by posting them on the Site or through other communications.
Refusal of Transaction
We reserve the right to change or remove any Service from the Site at any time and/or remove or edit any materials or Content of the Site. We may refuse to process a transaction for any reason or refuse Services to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our removing or changing any Service from the Site whether or not that Service has been delivered; removing or editing any materials or Content on the Site; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
We welcome feedback, comments and suggestions for improvements to the Site, Services, Content (the “Feedback”). You can submit Feedback by emailing us at firstname.lastname@example.org. You grant to us a nonexclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
Content and Content Rights
For purposes of these Terms, “Content” means texts, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Site, Services.
The Site and its licensors exclusively own all right, title and interest in and to the Site, Services and Content, including all associated intellectual property rights. You acknowledge that the Site, Services and Content are protected by copyright, trademark, and other laws of the European Union and other regions, countries. You agree not to sell, rent or sub-license Content; reproduce, duplicate, copy or otherwise exploit Content for a commercial purpose; remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or Content.
Subject to your compliance with these Terms, the Site grants you a limited, non-exclusive, non-transferable, non-sublicensable license to view, use and display the Content solely in connection with your permitted use of the Site, Services and solely for your personal and non-commercial purposes.
The Site, Services and Content are provided “as is” without warranty of any kind. We make no warranty that the Site, Services, Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content. We make no warranty that our Site, Services, Content will be available after the date 01/01/2018.
You agree fully to indemnify and hold the Site, and its officers, directors, employees and agents, from and against all claims, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of any breach of the Terms by you or any other liabilities arising out of or in any way connected with your access to or use of the Site, Services or Content or your violation of these Terms.
If any provision of this Site disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this Site disclaimer.
Limitation of Liability
We shall not be liable to pay any compensation to you, other than a refund as provided above (see Section “Purchase”).
Neither the Site nor any other party involved in creating the Site, producing or delivering the Services, Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute services arising out of or in connection with these Terms or from the use of or inability to use the Site, Services or Content, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not the Site has been informed of the possibility of such damage, even if a limited set forth herein is found to have failed of its essential purpose.
In no event will the Site’s total liability arising out of or in connection with these Terms or from the use of or inability to use the Site, Services or Content exceed the amounts you have paid to the Site for the use of the Site, Services, Content or 20 Euro (€20), if you have not had any payment obligations to the Site, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between the Site and you.
The Site is not responsible for the User Content as well as for the content of external sites which can be accessible through the Site, Services, User Content.
By using this Site, you agree that the limitations of liability set out in this Site disclaimer are reasonable. If you do not think they are reasonable, you must not use the Site or Services.
Breaches of these Terms and Conditions
if you breach these Terms and Conditions in any way, the Site may take such action as it deems appropriate to deal with the breach, including suspending your access to the Site, prohibiting you from accessing the Site, blocking computers using your IP address from accessing the Site, contacting your internet service provider to request that they block your access to the Site and/or bringing court proceedings against you.
If a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Any claim relating to the Site, Services or Content shall be governed by the laws of the European Union without regard to its conflict of law provisions.
The English version of these Terms and Conditions is the prevailing version for your use of the Site, Services or Content.
If you have any questions about these Terms and Conditions, please contact us at email@example.com.
Last Updated: April 21, 2016
What personal information do we collect from the people that visit our Site?
We receive a number of different types of information about you, including the information that is required when you register on the Site, as well as the information you choose to share.
Information you choose to share:
The information you choose to share on the Site by posting it or filling in your profile, such as your name/nickname, country, city, photo, messages, links and other details are treated just like information you choose to make public.
“Information you choose to make public” means that anyone, including people off the Site, will be able to see, access and use it. This also means that this information can be associated with you (i.e. your name/nickname, photo etc.) even off the Site as well as can show up when someone does a search on the Site or on a public search engine.
When you share some information, it means that you are allowing everyone, including people off the Site, to access and use that information, and to associate it with you (i.e. your name/nickname, photo etc.).
When do we collect information?
We collect information from you when you register on the Site, use the Site or Services, or enter information on the Site.
How do we use your information?
Our primary goals in collecting information are to provide and improve our Site and Services, to administer your use of the Site and Services, and to enable you to enjoy and easily navigate the Site and Services.
The security of your Information
We take reasonable measures to protect the information that we collect from or about you (including your PII) from unauthorized access, use or disclosure. Please be aware, however, that no method of transmitting information over the Internet or storing information is completely secure. Accordingly, we cannot guarantee the absolute security of any information.
Sharing your information
For “Information you choose to make public” you grant the Site a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any information that you post on or in connection with the Site. This License ends when you delete these information or your account. However some information may remain in archived/backup copies for our records or as otherwise required by law.
Please remember, when you fill in your profile, post some information on the Site, it becomes public. It means that you are allowing everyone, including people off the Site, to access and use that information, and to associate it with you (i.e. your name/nickname, country, city, photo, links etc.).
Yes. Cookies are small files that a site or its service provider transfers to your computer hard drive through your Web browser (if you allow) that enables the site or service provider systems to recognize your browser, capture and remember certain information.
If you disable cookies in your browser, some features will be disabled. It will turn off some of the features that make your Site experience more efficient and some of our Services will not function properly.
Third Party Disclosure
We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information.
Links to other sites
Modifying and deleting your information
You can modify or delete any PII you provide via the Site. However, some information may remain in archived/backup copies for our records or as otherwise required by law.
We have not enabled Google AdSense on the Site but we may do so in the future.
Our Policy toward children
Our Services are not directed to children under 13 and we do not knowingly market to or collect PII from children under 13. If we learn that we have collected PII of a child under 13 we will take steps to delete such information from our files as soon as possible.
Last Updated: April 19, 2016
© 2015-2016 Coloredfaces.com. All rights reserved.