These Terms & Conditions (“Terms“) are a legal agreement between you and Colorplace® Paint, Spray Paint, Interior Paint (“Colorplace“, “we“, “us“, or “our“) governing your use of our website, colorplace.shop (the “Site“) and related services.
Please read these Terms carefully before using our Site or services. By accessing or using the Site or purchasing our products, you agree to be bound by these Terms and all policies and guidelines incorporated by reference (collectively, this “Agreement”). If you do not accept this Agreement, do not use the Site.
1. Allowed Use
You may use our Site and services only for lawful purposes. You must comply with all laws, regulations, and other legal requirements applicable to your use of the Site and services.
You may not misuse our Site or services. For example, you must not:
- Attempt to interfere with, impair, or overload the Site through any means.
- Attempt to gain unauthorized access to the Site, user accounts, or our networks.
- Use bots, crawlers, scrapers, or other automated means to access, collect, or record data from the Site.
- Reverse engineer, decompile, or disassemble any aspect of the Site.
- Post or transmit any file which contains viruses, worms, Trojan horses, or other harmful or destructive content.
- Use the Site or services in any way that violates these Terms or other policies and guidelines referenced herein.
2. Your Content
You own your user content. You retain full ownership of the content you post, upload, submit, store, send, transmit, display, or otherwise make available on the Site (“User Content”). We do not claim any ownership rights in your User Content.
You grant us license to use your content. By posting or sharing User Content, you grant Colorplace a worldwide, royalty-free, sublicensable, and transferable license to host, store, use, reproduce, modify, communicate, publish, publicly perform and display, distribute, translate, and create derivative works of your User Content, for the purpose of operating, promoting, and improving the Site and services. This license ends when you delete your User Content or when your access to the Site is terminated.
You represent and warrant you have rights to share your content. You represent and warrant that you own and control all rights in and to your User Content, or you have the lawful right to post and use the User Content, and you consent to the collection and use as detailed in this Agreement.
3. Purchases
Orders. We will notify you by email when we accept your order and ship the purchased product(s). All products are subject to availability. We reserve the right to impose order quantity limits.
Pricing. All prices and fees are in U.S. dollars. Prices do not include applicable taxes and fees. We reserve the right to change prices and institute new fees at any time. You are responsible for paying all taxes, duties, levies, and governmental fees associated with your order.
Payments. You agree to pay all charges owed for purchases made through the Site, including applicable taxes. Payments must be made by credit or debit card. We may bill your card for pre-orders, deposits, or recurring payments in accordance with your authorization. You represent you are authorized to use the card.
Delivery. We will ship purchased products to your address as long as it is compliant with our shipping restrictions. Delivery dates are estimates only. We are not liable for any delays. You assume full responsibility for products once delivered.
Returns. Please review our return policy posted on the Site. We are not obligated to provide refunds or exchanges if you change your mind. Refunds are generally only available for defective products reported within 7 days of delivery.
Risk of loss. Risk of loss and title transfers to you when we ship the products. You are responsible for filing claims if products are damaged or lost during shipment.
4. Intellectual Property
Our content. Everything on the Site, including text, graphics, logos, icons, images, and software, belongs to Colorplace or our content suppliers and is protected by United States and international copyright and trademark laws. The compilation and organization of all content on the Site is the exclusive property of Colorplace and protected by U.S. and international copyright laws.
Trademarks. Our trademarks and trade dress may not be used for any reason without our express written permission.
No copying. You may not copy, reproduce, distribute, modify, display, publish, or create derivative works from the Site or any content, code, data, or materials on the Site. Doing so violates copyright and other intellectual property laws.
5. Disclaimers
No warranties. To the fullest extent permitted by law, we disclaim any representations or warranties regarding the Site or services. This includes implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant the Site is reliable, accurate, complete, secure, free from errors, or that defects will be corrected. Your use of the Site is at your own risk.
No professional advice. The Site content is informational only and does not constitute technical, financial, legal, medical, or other professional advice. You should consult an appropriate licensed professional for such advice.
No liability for third party services. We are not liable for third party services, acts or omissions, including of advertisers, service providers, suppliers, or licensing partners. Your interactions or disputes with third parties are solely between you and the third parties.
Accuracy and Third Party sites. We have no control over and are not responsible for the accuracy, content, or availability of third party sites linked to or accessible from the Site. We do not endorse any opinions, recommendations, or advice expressed on third party sites.
6. Limitation of Liability
Exclusion of damages. In no event is Colorplace or any of our officers, directors, agents, partners, or employees liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of or related to your use of the Site or services. This includes damages for loss of profits, use, data, or other intangibles, even if we have been advised of the possibility of such damages.
Limitation of liability. In all cases, our maximum liability arising out of or related to your use of the Site and services is limited to the greater of the amount you paid to Colorplace in the 12 months prior to the incident or one hundred dollars ($100). This applies regardless of the nature of the claim and even if remedies fail of their essential purpose.
Scope. The exclusions and limitations above apply to the maximum extent permitted by law.
7. Indemnification
You agree to defend, indemnify, and hold harmless Colorplace and our officers, directors, employees, members, agents, and affiliates from any liability, damages, losses, claims, taxes, fines, costs, and expenses (including reasonable attorneys’ fees) arising from or related to: (a) your use of the Site and services; (b) your User Content; (c) your violation of these Terms; (d) your violation of any third party rights, including copyright, trademark, privacy, or other intellectual property or proprietary rights; or (e) a dispute between you and a third party over content you post or display through the services. We reserve the right to assume exclusive defense and control of any claim subject to indemnification and all negotiations for settlement. You agree to cooperate and provide any information we need to handle such claims.
8. Account Termination
Termination. You agree Colorplace may suspend or terminate your account if we reasonably believe you have violated these Terms. Reasons may include past due fees, abuse, offensive behavior, security risks, legal requirements, inactive accounts, and requests by law enforcement or other government agencies. We may also terminate our services, in whole or in part, without notice.
Effect of termination. If your account is terminated, you remain liable for all transactions made and all fees incurred before termination. Upon termination, you lose the right to access or use the services. The following sections survive termination: Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, Governing Law, and General Terms.
9. Resolving Disputes
Informal process. For any dispute, we encourage you to contact us first and we will seek to resolve the matter through negotiation and discussion informally.
Arbitration agreement. For unresolved disputes, you agree to resolve any claim or controversy at law or equity that arises from or relates to this Agreement or the services through final and binding arbitration under the rules and procedures of the American Arbitration Association. This includes disputes arising under contract, tort, statute, or any other legal theory, as well as disputes about arbitrability or the formation, validity, interpretation, enforceability, applicability, scope, or termination of this Agreement.
Opt-out. You may opt-out of arbitration within 30 days after signing this Agreement by emailing [email protected].
Class action waiver. You agree any arbitration will be limited to the individual dispute between us and waive your right to participate in class action lawsuits and class-wide arbitrations.
Governing law. This Agreement is governed in all respects by the laws of the State of California without regard to conflict of law rules or principles that would result in the application of the laws of a different jurisdiction.
10. General Terms
Electronic notices. You consent to receive legal and transactional notices electronically. We may provide notices by posting on the Site, email, text, or other electronic means. You agree such notices satisfy any requirement that notice requirements be in writing.
Changes. We may modify this Agreement by posting changes online. Your continued use of the Site is acceptance of the modified Agreement. If you do not wish to be bound by the changes, you should stop using the Site.
Waiver. Any waiver by us must be in writing to be effective. If we fail to enforce any provision of this Agreement, it is not a waiver of our rights to subsequently enforce that or any other provision.
Severability. If any part of this Agreement is held to be unlawful, void, or unenforceable, that portion will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
No agency. Nothing in this Agreement constitutes a partnership, agency relationship, or joint venture between parties.
Assignability. You may not assign your rights or obligations under this Agreement without prior written consent. Colorplace may assign our rights and obligations without restriction.
Entire agreement. This Agreement constitutes the entire agreement between you and Colorplace with respect to use of the Site and services.
Contact us. If you have any questions about these Terms, please contact us at:
Colorplace® Paint, Spray Paint, Interior Paint
123 Colorplace Lane
Paintsville, CA 92101
[email protected]
