Effective date: 12/06/2020
Welcome to https://www.colourlovers.com, the website and online service operated by LandocsVentures LTD&Crispox LTDhaving an address at Hasaham 30, Petahtiqwa, 49517 Israel and Arlozorov 160 Tel Aviv, Israel 6209831 respectively(“we”, “us”, or “our”).
Amendments. We reserve the right to amend these Terms at any time by notifying you in advance, provided that no notice shall be required for non-substantive changes to the Terms. If we substantively amend the Terms, we will give you a notice before the changes take effect, during which period of time you may reject the changes by terminating your account and immediately discontinuing use of ColourLovers. Your continued use of ColourLovers after any such change constitutes your acceptance of the amended version of the Terms.
1. Use of ColourLovers
1.1 About ColourLovers. ColourLoversis a creative community where people from around the world create and share creative content like colors, palettes, andpatterns,and socialise around the content indiscussion forums and member profiles.
1.2 Eligibility. You may use ColourLoversonly if you can form a binding contract with usand only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any useofor access to ColourLovers by anyone under 18 is strictly prohibited and in violation of these Terms. ColourLovers is not available to any Users previously removed from ColourLoversby us due to any infringement of the Terms.
- You may never use the User Account belonging to another person without permission. When creating the User Account, you must provide accurate and complete information, including your personal data.
- You are solely responsible for the activity that occurs on your User Account and you must keep your username and password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your User Account. You must notify usimmediately of any breach of security or unauthorized use of your User Account. Unless stated otherwise by the applicable law, wewill not be liable for any losses caused by any unauthorized use of your User Account.
- You may control your User Account and how you interact with ColourLoversby changing the settings in your User Account settings page.
1.4 Prohibited Use. By using ColourLovers, you agree not to engage in any of the following activities(the list is not exhaustive):
- Copying, distributing, or disclosing any part of ColourLovers in any medium, including without limitation by any automated or non-automated “scraping”;
- Using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access ColourLovers in a manner that sends more request messages to ColourLovers servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (exceptif we grantthe operators of public search engines revocable permission to use spiders to copy materials from ColourLovers for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);
- Transmitting spam, chain letters, or other unsolicited email;
- Attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running ColourLovers;
- Taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
- Uploading invalid data, viruses, worms, or other software agents through ColourLovers;
- Collecting or harvesting anypersonal data, including account names, from ColourLovers;
- Using ColourLovers for any commercial solicitation purposes;
- impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
- Interfering with the proper working of ColourLovers;
- Accessing any content on ColourLoversthrough any technology or means other than those provided or authorized by ColourLovers; or
- Bypassing the measures we may use to prevent or restrict access to ColourLovers, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of ColourLovers or the content therein.
1.5 Availability of ColourLovers. We may, without prior notice, change all or any part of ColourLovers, stop providing ColourLovers or features of ColourLovers, to you orgenerally, or create usage limits for ColourLovers. We may permanently or temporarily terminate or suspend your access to ColourLovers without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound bythese Terms.
1.6 Your interactions. You are solely responsible for your interactions with other Users through ColourLovers. We reserve the right, but have no obligation, to monitor disputes between the Users. Wehave no liability for your interactions with other Users, or for any User’s action or inaction.
2.1 Some areas of ColourLovers allow you to post, submit, display, manage, or otherwise make available different types of content, such asyour profile information, comments, images, colours, palettes, patterns, questions, and other content or information (collectively, the “User-Generated Content”).
2.2 In connection with your User-Generated Content, you affirm, represent and warrant the following:
- You have the written consent of each and everynatural person in the User-Generated Content to use such person’s name or likeness in the manner contemplated by ColourLovers and these Terms, and each such person has released you from any liability that may arise in relation to such use.
- Your User-Generated Content and use of ColourLovers will not violate any law or infringe any rights of any third party, including but not limited to any intellectualpropertyrights and privacy rights.
- YOU UNDERSTAND AND AGREE THAT, BY MAKING AVAILABLE YOUR USER-GENERATED CONTENT, YOU GRANT A LICENSE TO YOUR USER-GENERATED CONTENT, THE TERMS OF WHICH ARE OUTLINED IN SECTION 3 OF THE TERMS.
- We or any User may exercise the rights to your User-Generated Content granted under these Terms without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
2.3 You agree not to post any User-Generated Content that:
- May create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
- May create a risk of any other loss or damage to any person or property;
- Seeks to harm or exploit children by exposing them to inappropriate content, asking for personal data or otherwise;
- May constitute or contribute to a crime or tort;
- Contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libellous, threatening, profane, or otherwise objectionable;
- Contains any information or content that is illegal;
- Contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- Contains any information or content that you know is not correct and current; or
- Violates third-party rights of any kind, including without limitation any intellectualpropertyrights or rights of privacy.
2.4 To the extent that your User-Generated Content contains any copyrightable content, you hereby represent that you are the owner of all the copyright rights, including without limitation the performance, mechanical, and sound recordings rightsin such User-Generated Content and have the power to grant the license granted in section 3 of the Terms.
2.5 We reserve the right, butare not obligated, to reject and/or remove any User-Generated Content that we believe, in our sole discretion, violates these provisions. You understand that publishing your User-Generated Content on ColourLovers is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other copyrightorganisation.
2.6 To the extent permitted by the applicable law, we take no responsibility and assume no liability for any User-Generated Content that you or any other User or third party posts or sends overColourLovers. You shall be solely responsible for your User-Generated Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User-Generated Content.
2.7 You understand and agree that you may be exposed to theUser-Generated Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that weshall not be liable for any damages you allege to incur as a result ofsuchUser-Generated Content.
3. Licence to Use the User-Generated Content
3.1 By posting any User-Generated Content on ColourLovers, you expressly grant and you represent and warrant that you have all rights necessary to grant, to usa royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all your User-Generated Content and your name, voice, and/or likeness as contained in your User-Generated Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with ColourLovers andour, our successors’ and affiliates’ business, including without limitation for promoting and redistributing part or all of ColourLovers(and derivative works thereof) in any media formats and through any media channels.
3.2 By posting any User-Generated Content on ColourLovers, you grant by default to each User of ColourLovers an Attribution-NonCommercial-ShareAlike 3.0 Creative Commons license (for additional information on Creative Commons licenses, please visit creativecommons.org/licenses). It means that your User-Generated Content may be used by us and other Users of Colour Lovers for different purposes, including but not limited to displaying, distributing, and performing your User-Generated Content (e.g., through the Ondema widget referred to in section 14.2) for commercial and non-commercial purposes. You may manage the default license granted to the User-Generated Content, select a different license,and restrict the use of your User-Generated Contentat any time by visiting the “Set License” section of your User Account.
3.3 PLEASE NOTE THAT YOU ARE SOLELY RESPONSIBLE FOR CHOOSING APPROPRIATE LICENSE SETTINGS AND ADJUSTING THE DEFAULT LICENSE SETTINGS IF YOU DO NOT AGREE WITH SECTIONS 3.1 AND 3.2. WE TAKE NO RESPONSIBILITY FOR YOUR FAILURE TO CHOOSE THE RIGHT LICENSE SETTINGS.
3.4 If the features of ColourLovers allow you to remove or delete User-Generated Content from ColourLovers, the above licenses granted by you with regard to your User-Generated Content terminate within a commercially reasonable time after you remove or delete such User-Generated Content from ColourLovers. You understand and agree, however, thatwe may retain, but not display, distribute, or perform, server copies of the User-Generated Content that has been removed or deleted.
3.5 The above licenses granted by you in theUser-Generated Content for which ColourLovers does not provide you a means to delete, remove, or adjust settings, are perpetual and irrevocable.
4. License to Use ColourLovers
4.1 Subject to the Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use ColourLovers for your personal, non-commercial use only and as permitted by the features of ColourLovers.
4.2 We reserve all rights not expressly granted herein in ColourLovers and Our Content (as defined in section 6.4 of the Terms). Wemay terminate this license at any time for any reason or no reason.
5. The Mobile Software
5.1 We may make available software to access ColourLovers via a mobile device (the“Mobile Software”). To use the Mobile Software, you must have a mobile device that is compatible with the Mobile Service.We do not warrant that the Mobile Software will be compatible with your mobile device. Wehereby grantyou a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one User Account on one mobile device owned or leased solely by you, for your personal usein accordance with these Terms.
5.2 You may not:
- Modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law;
- Rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party;
- Make any copies of the Mobile Software;
- Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or
- Delete the copyright and other proprietary rights notices on the Mobile Software.
5.3 You acknowledge that wemay from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Termswill apply to all such upgrades.
5.4 Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license, if any, authorising use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and we or our third-party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof).
5.5 Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for inthese Terms, is void.
5.6 We reserveall rights not expressly granted underthese Terms.
6.Our Proprietary Rights
6.1 Unless provided otherwise in these Terms, ColourLovers and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and the User-Generated Contentlicensed to us (collectively, “Our Content”), and all intellectualpropertyrights related thereto, are the exclusive propertyof us and ourlicensors (including other Users who post the User-Generated Content to ColourLovers).
6.2 Except as explicitly provided hereinor permitted by the applicable law, nothing in these Termsshall be deemed to create a license in or under any intellectualpropertyrightsto Our Content, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from OurContent.
6.3 Any use of Our Content for any purpose not expressly permitted by these Termsis strictly prohibited.
6.4 You may choose to or we may invite you to submit comments or ideas about ColourLovers, including without limitation about how to improve ColourLovers or our products (the “Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place usunder any fiduciary or other obligation, and that we are free to use the Ideaswithout any additional compensation to you, and/or to disclose the Ideas on a non-confidential basis or otherwise to anyone.You further acknowledge that, by acceptance of your submission, we do not waive any rights to use similar or related ideas previously known tous, or developed by ouremployees, or obtained from sources other than you.
7. ColourLovers Property
7.1 Certain aspects of ColourLovers may allow you to obtain certain reputation or status indicators (for instance, “Karma Points”) (the “ColourLovers Property”). You understand and agree that, regardless of terminology used, the ColourLovers Property represents a limited license right governed solely by these Terms and available for distribution atour sole discretion.
7.2 The ColourLovers Property is not redeemable for any sum of money or monetary value from us at any time.
7.3 You acknowledge that you do not own the User Account you use to access ColourLovers, nor do you possess any rights of access or rights to data stored by or on behalf of us on our servers, including without limitation any data representing or embodying any or all of the ColourLovers Property.
7.4 You agree that we havethe absolute right to manage, regulate, control, modify and/or eliminate the ColourLovers Property as we see fit inoursole discretion, in any general or specific case, and that wewill have no liability to you based on our exercise of such right.
7.5 All data on our servers are subject to deletion, alteration or transfer.
7.6 NOTWITHSTANDING ANY VALUE ATTRIBUTED TO THE COLOURLOVERS PROPERTY BY YOU OR ANY THIRD PARTY, YOU UNDERSTAND AND AGREE THAT ANY DATA, USER ACCOUNT HISTORY, AND ANY CONTENT RESIDING ON OURSERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN OURSOLE DISCRETION, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND. WE DO NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIM, ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON OURSERVERS.
8. Paid Services
8.1 Billing Policies.Certain aspects of ColourLovers and services provided through ColourLovers (e.g., as explained in section 14 of the Terms) may be provided for a fee or other charge. If you elect to use paid aspects of ColourLovers, you agree to the pricing and payment terms as we may update them from time to time. Wemay add new services for additional fees and charges, or amend fees and charges for existing services, at any time in oursole discretion.
8.2 No Refunds. You may cancel your User Accountat any time; however, there are no refunds for cancellation of your User Account. In the event that we suspend or terminate your User Account or these Terms for any reason, you understand and agree that you shall receive no refund or exchange for any ColourLovers Property, any credits you have saved, any license or subscription fees for any portion of ColourLovers, any content or data associated with your User Account, or for anything else.
8.3 Payment Informationand Taxes. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with ColourLovers must be accurate, complete, and current. You agree to pay all charges incurred by youof your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with ColourLovers at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.We may withhold any taxes or other amounts from payments due to you as required by law.
8.4 Third-Party Services. We may offer services provided by third parties like the printing services provided by Ondema (see section 14 of the Terms for more information) (the “Third-Party Services”).All payments related tothe Third-Party Services are processed by third-party payment processors (the “Payment Processors”). The Payment Processors may collect some personal data from you when you make a payment, such as your name, credit card number, and billing address, which will allow them to make payments requested by you and comply with other contractual obligations (e.g., to deliver your orders). The Payment Processors handle all steps in the payment process through their systems, including data collection and data processing, subject to their individual terms and policies. You are responsible for ensuring that all payment information is correct and the funds necessary for paying the Fees are available. You further agree not to hold us liable for payments that do not reach us because you have quoted incorrect payment information or the Payment Processors refused the payment for any other reason.
9. DMCA Notice
9.1 Since we respect artist and content owner rights, it is our policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).
9.2 If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via ColourLovers, please notify usas set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
- An electronic or physical signature of a person authorised to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that is claimed to be infringing and where it is located on ColourLovers;
- Information reasonably sufficient to permit usto contact you, such as your address, telephone number, and, e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or law; and
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorised to act on behalf of the owner.
9.3 The above information must be submitted to us by using the contact details specified in section 16 of these Terms.
9.4 UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
9.5 Please note that this procedure is exclusively for notifying us andouraffiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with our rights and obligations under the DMCAbut do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
9.6 In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the Users who are deemed to be repeat infringers. Wemay also, at oursole discretion, limit access to ColourLovers and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
10. Third-Party Links
10.1 ColourLovers may contain links to the Third-Party Services and third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by us. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services.
10.3 You expressly relieve usfrom any and all liability arising from your use of the Third-Party Services and any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on ColourLovers, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree thatweshall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
11.1 You agree to defend, indemnify and hold harmless us and oursubsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
- Your use of and access to ColourLovers, including any data or content transmitted or received by you;
- Your violation of any provision of these Terms, including without limitation your breach of any of the representations and warranties above;
- Your violation of any third-party right, including without limitation any right of privacy or intellectualpropertyrights;
- Your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User-GeneratedContent or any that is submitted via your User Account; or
- Any other party’s access and use of ColourLovers with your unique username, password or other appropriate security code.
12. No Warranty
12.1 COLOURLOVERS IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOURUSE OF COLOURLOVERS IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,COLOURLOVERS IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
12.2 WITHOUT LIMITING THE FOREGOING, WE, OUR SUBSIDIARIES, AND OUR LICENSORS DO NOT WARRANT THAT THE ANY CONTENT ON COLOURLOVERSIS ACCURATE, RELIABLE OR CORRECT; THAT COLOURLOVERSWILL MEET YOUR REQUIREMENTS; THAT COLOURLOVERSWILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT COLOURLOVERS IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF COLOURLOVERS IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF COLOURLOVERS.
12.3 WE DONOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH COLOURLOVERS OR ANY HYPERLINKED WEBSITE OR SERVICE, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
13. Limitation of Liability
13.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, COLOURLOVERS.
13.2 UNDER NO CIRCUMSTANCES WILL WEBE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF COLOURLOVERS OR YOURUSER ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
13.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,WEASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:
- ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
- PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF COLOURLOVERS;
- UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN;
- INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM COLOURLOVERS;
- BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH COLOURLOVERS BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH COLOURLOVERS; AND/OR
- USER-GENERATED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
13.4 IN NO EVENT SHALL WE, OUR AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO USHEREUNDER.
13.5 THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
13.6 SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
13.7 THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
13.8 THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THESE TERMSWILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
14. Targeted advertising and content monetisation
14.2 Ondema Widget. Some of the content available on ColourLovers can be monetised. We use a third-party monetisation service Ondema (https://www.ondema-m.com) (“Ondema”) that integrates a widget on ColourLovers (the “Widget”). The Widget allows you to print any User-Generated Content (e.g., an image that you or any other User generate through ColourLovers) on different tangible items, such as shirts, bags, canvas, cases, andpillows, and buy those items. The use of the Widget is in your sole discretion and you agree not to hold us liable in any manner for your use the Widget and any Third-Party Services related thereto. You acknowledge and agree that Ondema and not us provides the said services and Ondema is solely responsible for collecting any fees, manufacturing, shipping, and providing customer service in relation to the said items, subject to its terms and conditions. We may, in certain circumstances, receive a small compensation for any fees paid by you to Ondema.
14.3 The User-Generated Content and the Widget. Please note that the default settings of your User Account grant to us and any User the right to access, distribute, perform, print, create derivative works of, and otherwise use your User-Generated Content (please refer to section 3 of the Terms for more information). If you would like to limit or prohibit the use of your User-Generated Content by the Users, you can do so by adjusting the license settings of your User Account. PLEASE NOTE THAT YOU ARE SOLELY RESPONSIBLE FOR CHOOSING APPROPRIATE LICENSE SETTINGS AND ADJUSTING THE DEFAULT LICENSE SETTINGS, IF YOU DO NOT AGREE WITH THE USE OF YOUR USER-GENERATED CONTENT AS EXPLAINED IN SECTIONS 3.1 AND 3.2 OF THE TERMS.
15. Final Provisions
15.1 Assignment.These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
15.2 Governing Law. These Terms shall be governed by the internal substantive laws ofIsrael, without respect to its conflict of laws principles.
15.3 Jurisdiction. Any claim or dispute between you and us that arises in whole or in part from ColourLovers shall be subject to binding arbitration as explained below. This section does not affect any statutory rights that you are entitled to as a consumer. If you are a consumer, you may have an option to bring proceedings against a foreign content provider in the courts of your country of domicile.
15.4 Arbitration. In the event of any controversy or claim arising out of or relating to ColourLovers or these Terms, you agree to attempt to resolve the dispute by exchange of claim letters. If a settlement cannot be reached within a reasonable period of time, any unresolved disputes hall proceed to binding arbitration under the Rules of Arbitration of the International Chamber of Commerce. All negotiations and arbitration proceedings pursuant to this section 15.4 will be confidential and treated as compromise and settlement negotiations for purposes of all similar rules and codes of evidence of applicable legislation and jurisdictions. The language of the arbitration shall be English.
15.6 Entire Agreement/Severability. These Termstogether with any amendments and any additional agreements you may enter into with us in connection withColourLovers, shall constitute the entire agreement between you and us concerning ColourLovers. If any provision of these Termsis deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
15.7 No Waiver. No waiver of any provision of these Termsshall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Termsshall not constitute a waiver of such right or provision.
If you have any questions about these Terms, please contact us:
Company: Landocs Ventures LTD &Crispox LTD
Address:Hasaham 30, Petahtiqwa, 49517 , Arlozorov 160 Tel Aviv, Israel 6209831