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TERMS OF USE

Colorful has created and maintains its apps and website in order to provide photographic imaging resources to the public.  By using the apps and website, and their content, y

Colorful has created and maintains its apps and website in order to provide photographic imaging resources to the public.  By using the apps and website, and their content, you are agreeing to comply with and be bound by the following terms, which Colorful may change at any time.

Website and App Content is Proprietary to Colorful

In plain English, unless we say otherwise, the website and our apps belongs to us, and we ask that you please act accordingly and follow any instructions we provide. Also, please don’t change our stuff, sell our stuff or do anything illegal with our stuff.

This does not include photos and content provided by Colorful Source. We can’t wait to see the amazing things you do with that.

 

Other than the open content images specifically identified on the website for use in photo manipulation, all of the text, images, marks, logo marks, and other content on the Colorful website or any Colorful apps (“Site Content”) is proprietary to Colorful. Colorful authorizes you to view, download and print the Site Content subject to the following conditions:

 

(1) You must adhere to any and all additional terms or restrictions provided within the website relating to particular Site Content;

 

(2) Unless otherwise restricted, you may only do so for your own personal and noncommercial use, or for fair use as defined in the United States copyright laws;

 

(3) Downloading, copying, or using in any way Site Content for commercial use is prohibited;

 

(4) You may not remove, alter or modify any copyright, trademark, or other proprietary notices, including, without limitation attribution information, credits, and copyright notices, that have been placed in or near Site Content, including open content images, by Colorful;

 

(5) You may not remove, alter, or modify the Site Content; and

 

(6) All parties downloading, printing or using the Site Content in any manner, represent and warrant that their use will be consistent with this license and that they will not infringe or violate the rights of any other party or breach any contract with or legal duty to any other parties.

 

 

Open Content (“Colorful Source”, “Community Photo”, “Free for All”, “FFA” and/or “STScI”) Images

 

In plain English, some of the pictures on our website belong to other people and we use them pursuant to an open license.  We follow the rules regarding proper credit to give the owners their due, and ask that you do the same.  However, even if you do follow their rules, we are not to blame if there is any problem whatsoever with you using the pictures.

 

Some digital images may include people or objects for which a third party may claim rights such as trademark, copyright, privacy, or publicity rights.  Colorful does not represent or warrant that all of the images designated for downloading as open content (“Colorful Source”, “Community Photo”, “Free for All”, “FFA”, or “STScI”) images are free from rights claimed by third parties.  As the user, it is your responsibility to ensure that there are no restrictions based on third party rights.  Colorful assumes no liability for your use of these images if a third party makes an infringement claim.  Use or downloading of the open content (“Colorful Source”, “Community Photo”, “Free for All”, “FFA”, or “STScI”) images for commercial use is prohibited.

Colorful makes no representations or warranties or indemnification relating to your use of the open content (“Colorful Source”, “Community Photo”, “Free for All”, “FFA”, or “STScI”) images. All parties downloading, printing or using the open content (“Colorful Source”, “Community Photo”, “Free for All”, “FFA”, or “STScI”) images from Colorful’s website or apps represent and warrant that their use will be consistent with applicable laws including, without limitation, copyright, privacy and publicity laws, and that you will not infringe or violate the rights of any other party.  All rights not granted by Colorful are specifically reserved.

The open content  (“Colorful Source”, “Community Photo”, “Free for All”, “FFA”, or “STScI”)images Colorful hosts and shares are for personal enjoyment.  Use of open content  (“Colorful Source”, “Community Photo”, “Free for All”, “FFA”, or “STScI”) images shall be entirely at your own risk. Colorful shall not be liable for any damage which may result from the download, installation, storage or use of the open content  (“Colorful Source”, “Community Photo”, “Free for All”, “FFA”, or “STScI”) images hosted on the website not due to our fault.  Colorful does not warrant that the sharing of these images will not infringe upon the rights of third parties holding rights to these works.  It is your responsibility to determine and satisfy copyright and other use restrictions before copying, transmitting, or making other use of protected items.  If you have any knowledge about rights holders for any of these works, please contact Colorful via the “Contact Us” page.

 

Warranty Disclaimer and Limitation of Liability

 

In plain English, things may happen and we can’t and won’t guarantee that they won’t.  It’s not our fault.

 

Colorful makes no representation or warranties of any kind regarding the Site Content or any portion thereof.  All Site Content is provided in “AS IS” condition, and Colorful expressly disclaims any and all warranties of merchantability or fitness for a particular use.

 

Applicable Law and Jurisdiction

In plain English, if there’s a problem, you have to come to sunny San Diego, California to resolve it with us.

By publishing, accessing, and/or using the Colorful website and apps, you agree that all matters arising from or relating to the use and operation of the Colorful website and apps will be governed by the laws of the State of California, without regard to its conflict of laws principles. You agree that all claims you may have arising from or relating to the operation or use of the Colorful website and apps will be heard and resolved in the courts of San Diego, California. You consent to personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. If you choose to access the Colorful website and apps from locations other than San Diego, California, you will be responsible for compliance with all local laws of such other locations.

 

Indemnity

 

In plain English, if we get in trouble because of you, we get to drag you into the mix to help us get out of it.

You agree to indemnify, defend, and hold Colorful harmless from all claims, causes of action, allegations, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses and damages arising from or relating to your use of or operation of the Colorful website and apps.

ou are agreeing to comply with and be bound by the following terms, which Colorful may change at any time.

Website and App Content is Proprietary to Colorful

In plain English, unless we say otherwise, the website and our apps belongs to us, and we ask that you please act accordingly and follow any instructions we provide. Also, please don’t change our stuff, sell our stuff or do anything illegal with our stuff.

This does not include photos and content provided by Colorful Source. We can’t wait to see the amazing things you do with that.

 

Other than the open content images specifically identified on the website for use in photo manipulation, all of the text, images, marks, logo marks, and other content on the Colorful website or any Colorful apps (“Site Content”) is proprietary to Colorful. Colorful authorizes you to view, download and print the Site Content subject to the following conditions:

 

(1) You must adhere to any and all additional terms or restrictions provided within the website relating to particular Site Content;

 

(2) Unless otherwise restricted, you may only do so for your own personal and noncommercial use, or for fair use as defined in the United States copyright laws;

 

(3) Downloading, copying, or using in any way Site Content for commercial use is prohibited;

 

(4) You may not remove, alter or modify any copyright, trademark, or other proprietary notices, including, without limitation attribution information, credits, and copyright notices, that have been placed in or near Site Content, including open content images, by Colorful;

 

(5) You may not remove, alter, or modify the Site Content; and

 

(6) All parties downloading, printing or using the Site Content in any manner, represent and warrant that their use will be consistent with this license and that they will not infringe or violate the rights of any other party or breach any contract with or legal duty to any other parties.

 

 

Open Content (“Colorful Source”, “Community Photo”, “Free for All”, “FFA” and/or “STScI”) Images

 

In plain English, some of the pictures on our website belong to other people and we use them pursuant to an open license.  We follow the rules regarding proper credit to give the owners their due, and ask that you do the same.  However, even if you do follow their rules, we are not to blame if there is any problem whatsoever with you using the pictures.

 

Some digital images may include people or objects for which a third party may claim rights such as trademark, copyright, privacy, or publicity rights.  Colorful does not represent or warrant that all of the images designated for downloading as open content (“Colorful Source”, “Community Photo”, “Free for All”, “FFA”, or “STScI”) images are free from rights claimed by third parties.  As the user, it is your responsibility to ensure that there are no restrictions based on third party rights.  Colorful assumes no liability for your use of these images if a third party makes an infringement claim.  Use or downloading of the open content (“Colorful Source”, “Community Photo”, “Free for All”, “FFA”, or “STScI”) images for commercial use is prohibited.

Colorful makes no representations or warranties or indemnification relating to your use of the open content (“Colorful Source”, “Community Photo”, “Free for All”, “FFA”, or “STScI”) images. All parties downloading, printing or using the open content (“Colorful Source”, “Community Photo”, “Free for All”, “FFA”, or “STScI”) images from Colorful’s website or apps represent and warrant that their use will be consistent with applicable laws including, without limitation, copyright, privacy and publicity laws, and that you will not infringe or violate the rights of any other party.  All rights not granted by Colorful are specifically reserved.

The open content  (“Colorful Source”, “Community Photo”, “Free for All”, “FFA”, or “STScI”)images Colorful hosts and shares are for personal enjoyment.  Use of open content  (“Colorful Source”, “Community Photo”, “Free for All”, “FFA”, or “STScI”) images shall be entirely at your own risk. Colorful shall not be liable for any damage which may result from the download, installation, storage or use of the open content  (“Colorful Source”, “Community Photo”, “Free for All”, “FFA”, or “STScI”) images hosted on the website not due to our fault.  Colorful does not warrant that the sharing of these images will not infringe upon the rights of third parties holding rights to these works.  It is your responsibility to determine and satisfy copyright and other use restrictions before copying, transmitting, or making other use of protected items.  If you have any knowledge about rights holders for any of these works, please contact Colorful via the “Contact Us” page.

 

Warranty Disclaimer and Limitation of Liability

 

In plain English, things may happen and we can’t and won’t guarantee that they won’t.  It’s not our fault.

 

Colorful makes no representation or warranties of any kind regarding the Site Content or any portion thereof.  All Site Content is provided in “AS IS” condition, and Colorful expressly disclaims any and all warranties of merchantability or fitness for a particular use.

 

Applicable Law and Jurisdiction

In plain English, if there’s a problem, you have to come to sunny San Diego, California to resolve it with us.

By publishing, accessing, and/or using the Colorful website and apps, you agree that all matters arising from or relating to the use and operation of the Colorful website and apps will be governed by the laws of the State of California, without regard to its conflict of laws principles. You agree that all claims you may have arising from or relating to the operation or use of the Colorful website and apps will be heard and resolved in the courts of San Diego, California. You consent to personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. If you choose to access the Colorful website and apps from locations other than San Diego, California, you will be responsible for compliance with all local laws of such other locations.

 

Indemnity

 

In plain English, if we get in trouble because of you, we get to drag you into the mix to help us get out of it.

You agree to indemnify, defend, and hold Colorful harmless from all claims, causes of action, allegations, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses and damages arising from or relating to your use of or operation of the Colorful website and apps.

PRIVACY POLICY

As used in this Privacy Policy, “Colorful” refers to all websites, mobile sites, applications, and other properties or services owned or operated by Colorful. By accessing and/or using this Colorful website or any Colorful product or service available on or through this website, you are accepting the practices described in this Privacy Policy. Colorful strongly believes in keeping your personal information confidential. The following policy describes what information we collect and how it is used and shared.

USER PROVIDED INFORMATION

When you register with us and use Colorful, you generally provide your name and email address.

AUTOMATICALLY COLLECTED INFORMATION

In addition, Colorful may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use Colorful.

AUTOMATIC DATA COLLECTION AND ADVERTISING

We may work with analytics companies to help us understand how Colorful is being used, such as the frequency and duration of usage. We work with advertisers and third party advertising networks, who need to know how you interact with advertising provided in Colorful which helps us make Colorful experience better.

We may also share encrypted versions of information you have provided in order to enable our partners to append other available information about you for analysis or advertising related use.

USER DATA

You agree that in order to provide services to you which you have requested including relevant content and advertising, we may exchange information that we collect from you with third parties who help us perform these tasks and provide these products and services including OpenUDID, Advertising Identifier, Advertising ID, vendor ID for iOS platform, Mac address, IMEI, Android ID for Android platform, ODIN1 for OS X, information about your device systems, application software and peripherals, and the country setting on the device.

CHILDREN

We do not use Colorful to knowingly solicit data from or market to children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at contact (at) Colorful.com. We will delete such information from our files within a reasonable time.

SECURITY

We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve our Application. Please be aware that, although we endeavor provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches. You understand and acknowledge that the submission of any such information by you via the Internet or posting it on non-public (restricted or private) pages is at our own risk.

CHANGES

This Privacy Policy may be updated from time to time for any reason. You are advised to consult this Privacy Policy regularly for any changes, as continued use is deemed approval of all changes. Any changes made to our privacy policy will be published on this page, containing the “last updated” date.

YOUR CONSENT

By using Colorful, you are consenting to our processing of your information as set forth in this Privacy Policy now and as amended by us. “Processing,” means using cookies on a computer/hand held device or using or touching information in any way, including, but not limited to, collecting, storing, deleting, using, combining and disclosing information.

CONTACT US

If you have any questions regarding privacy while using Colorful, or have questions about our practices, please contact us via email at contact.

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