EcoColors respects your privacy and will not sell your name or any other personal information to any third party.
AGREEMENT BETWEEN USER AND ECOCOLORS INC.
The EcoColors Web Site is offered to you conditioned on your acceptance
without modification of the terms, conditions, and notices contained herein.
Your use of the EcoColors Web Site constitute your agreement to all such terms,
conditions, and notices.
PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING
THIS WEB SITE (this "Site"). By accessing or using this Site, you
agree to these terms of use, conditions and all applicable laws. If you do not
agree to these terms you may not use this Site.
MODIFICATION
OF THESE TERMS OF USE.
EcoColors reserves the right to change the terms, conditions, and
notices under which the EcoColors Web Site is offered, including but not limited
to the charges associated with the use of the EcoColors Web Site. You are responsible
for regularly reviewing these terms and conditions.
USE
OF SITE. PERSONAL AND NON-COMMERCIAL USE LIMITATION.
Unless otherwise specified, the EcoColors Web Site is for your personal
and noncommercial use. You may not modify, copy, distribute, transmit, display,
perform, reproduce, publish, license, create derivative works from, transfer,
or sell any information, software, products or services obtained from the EcoColors
Web Site.
You may display and, subject to any expressly stated restrictions or limitations
relating to specific material, electronically copy, download and print hard
copy portions of the material from the different areas of the Site solely for
your own noncommercial use, or to place an order with EcoColors or to purchase
EcoColors products. Any other use of materials on this Site, including but not
limited to the modification, reproduction, distribution, republication, display
or transmission of the content of this Site, without prior written permission
of EcoColors is strictly prohibited.
Harassment in any manner or form on the EcoColors web site, including via e-mail,
message board and chat or by obscene or abusive language is strictly forbidden.
Impersonation of others, including a EcoColors employee, host, or representative
or other members or visitors on the Site is prohibited. You may not upload to,
distribute, or otherwise publish through the Site any content which is libelous,
defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive,
illegal, or otherwise objectionable, or which may constitute or encourage a
criminal offense, violate the rights of any party or otherwise give rise to
liability or violate any law. You may not upload commercial content on the Site
or use the Site to solicit others to join or become members of any other commercial
online service or other organization.
COPYRIGHTS
AND TRADEMARKS.
The entire content included in this Site, including but not limited
to text, design, graphics, interfaces, or code and the selection and arrangements
thereof is copyrighted as a collective work under the United States and other
copyright laws, and is the property of EcoColors. The collective work includes
works that are licensed to EcoColors Inc. Copyright 2000, 2001, 2003. ALL RIGHTS
RESERVED. All trademarks, service marks, and trade names (collectively the "Marks")
are trademarks or registered trademarks of and are proprietary to EcoColors,
Inc
TYPOGRAPHICAL
ERRORS.
In the event a EcoColors product or service is listed at an incorrect
price due to typographical error or error in pricing information received from
our suppliers, EcoColors shall have the right to refuse or cancel any orders
placed for product or service listed at the incorrect price. EcoColors shall
have the right to refuse or cancel any such orders whether or not the order
has been confirmed and your credit card charged. If your credit card has already
been charged for the purchase and your order is canceled, EcoColors shall issue
a credit by check.
TERM;
TERMINATION.
These terms and conditions are applicable to you upon your accessing
the Site and/or completing the registration or shopping process. These terms
and conditions, or any of them, may be modified or terminated by EcoColors without
notice at any time for any reason. The provisions relating to Copyrights and
Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable
Laws, Arbitration and General, shall survive any termination.
USER
PARTICIPATION.
EcoColors does not and cannot review all communications and materials
posted to or created by users accessing the Site and is not in any manner responsible
for the content of these communications and materials. You acknowledge that
by providing you with the ability to view and distribute user generated content
on the Site, EcoColors is merely acting as a passive conduit for such distribution
and is not undertaking any obligation or liability relating to any contents
or activities on the Site. However, EcoColors reserves the right to block or
remove communications or materials that it determines to be abusive, defamatory,
or obscene, fraudulent, deceptive, or misleading, in violation of a copyright,
trademark or; other intellectual property right of another or violates any law
or regulation or offensive or otherwise unacceptable to EcoColors at its sole
discretion.
USER
SUBMISSIONS.
Except for any personally identifiable information we may collect
from you, any material, information or other communication you transmit, upload
or post to this Site will be considered non-confidential and non-proprietary.
EcoColors will have no obligations with respect to the Communications. EcoColors
and its designees will be free to copy, disclose, distribute, incorporate and
otherwise use the Communications and all data, images, sounds, text, and other
things embodied therein for any and all commercial or non-commercial purposes.
USER
CHAT ROOMS.
EcoColors may, but is not obligated to, monitor or review any areas
on the Site where users transmit or post Communications or communicate solely
with each other, including but not limited to chat rooms, bulletin boards or
other user forums, and the content of any such Communications. EcoColors, however,
will have no liability related to the content of any such Communications, whether
or not arising under the laws of copyright, trademarks, libel, privacy, obscenity,
or otherwise.
CLAIMS.
Each claim or statement about the effectiveness of EcoColors products
and/or each claim or statement comparing the effectiveness of EcoColors products
to the effectiveness of other products is expressly limited to the United States,
unless otherwise disclosed on the Site.
DISCLAIMER.
EcoColors makes no warranties or representations about the accuracy
or completeness of this Site's content or the content of any site or External
Sites.
THIS SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS SITE,
INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS
IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO
THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EcoColors DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM
FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE
OF PERFORMANCE. ECOCOLORS DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED
IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED,
OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. ECOCOLORS DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS
REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS,
CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY.
IN NO EVENT SHALL ECOCOLORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER,
EVEN IF ECOCOLORS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING
OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE
INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE
LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF
ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW
LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY
TO YOU.
INDEMNIFICATION.
You agree to indemnify, defend, and hold harmless EcoColors, its officers,
directors, employees, agents, licensors and suppliers (collectively the "Provider")
from and against all losses, expenses, damages and costs, including reasonable
attorneys' fees, resulting from any violation of these terms and conditions
or any activity related to your Internet account (including negligent or wrongful
conduct), by you or any other person accessing the Site using your Internet
account.
GENERAL.
EcoColors may revise these Terms at any time by updating this posting.
You should visit this page from time to time to review the then-current Terms
because they are binding on you. Certain provisions of these Terms may be superseded
by expressly designated legal notices or terms located on particular pages at
this Site.