Terms of Service

OVERVIEW

This website is operated by Coloromo, which is owned by TierSolution, Inc. Throughout the site, the terms “we”, “us” and “our” refer to Coloromo. Coloromo offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Description of Coloromo 

Coloromo is a technology company specializing in Artificial Intelligence (“AI”), neural networks, and machine and deep learning-related products.

Eligibility 

General age limitation. You must be at least 13 years of age to use Coloromo. If you are under 18 years of age (or the age of legal majority where you live), you may only use Coloromo under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in connection with Coloromo.

Age limitation for the European Economic Area (“EEA”) residents. Due to requirements of the General Data Protection Regulation (“GDPR”) you shall be at least 16 years old in order to use Coloromo. To the extent prohibited by applicable law, we do not allow use of Coloromo by the EEA residents younger than 16 years old. If you are aware of anyone younger than 16 using Coloromo, please contact us at privacy@coloromo.com and we will take reasonable steps to validate and preclude such person from using Coloromo.

You represent and warrant that you have the full power and authority to enter into this agreement and that in doing so you will not violate any other agreement to which you are a party and that you have not been previously suspended or removed from using Coloromo. You further agree to use Coloromo in compliance with all applicable laws. Coloromo is not available to any users previously prohibited from using it.

USER ACCOUNTS AND ACCOUNT SECURITY
Certain Coloromo features or functionalities, that we may establish and maintain from time to time and in our sole discretion, may require you to register an account with us (“Account”). By creating an Account, you agree to: 

• provide accurate, current, and complete information for your Account,
• maintain and promptly update, as necessary, your Account information,
• maintain the security of your Account login information,
• be responsible for the acts or omissions of any third party who has authority to Use Coloromo on your behalf, and
• immediately notify us if you discover or otherwise suspect any security breaches related to your Account. 

You are entirely responsible for maintaining the confidentiality of your Account login information and for all activities that occur in your Account. We are not liable for any loss or damage arising from your failure to comply with the above requirements.

PRIVACY
Please refer to our Privacy Policy for information about how we collect, use and disclose information about you when you use Coloromo. Transfer and storage of information about you, whilst you use Coloromo, is governed by our Privacy Policy. You acknowledge and agree that your use of Coloromo is subject to our Privacy Policy.

USER CONTENT
Coloromo may allow you to create, store and share images (“User Content”). Except for the Company License you grant us below, with your permission, you retain all rights in and to your User Content, as between you and us.

Sometimes Coloromo may request the use of your content for business purposes (e.g. marketing, press releases, and/or social media). We will explicitly ask your permission before doing so, as we will require a perpetual, revocable, nonexclusive, royalty-free, worldwide, fully-paid, transferable, sub-licensable license to use, reproduce, modify, adapt, translate, create derivative works from and transfer your User Content, without any additional compensation to you (the “Company License”) in the event that we would like to use your content. You will be granting us consent to use the User Content, regardless of whether it includes an individual’s name, likeness or persona, sufficient to indicate the individual’s identity. 

You further acknowledge and agree that our use of your User Content will not result in any injury to you or to any person you authorized to act on your behalf.

You represent and warrant that:

• you own the User Content stylized by you on or through Coloromo or otherwise have the right to grant the rights and licenses set forth in these Terms;
• you agree to pay for all royalties, fees, and any other monies owed by reason of the User Content you stylize on or through Coloromo; and
• you have the legal right and capacity to enter into these Terms in your jurisdiction.

You may not create, store or share any User Content that violates these Terms or to which you do not have all the rights necessary to grant us the Company License described above. 

We will not be liable to you for any modification, suspension or discontinuation of Coloromo, or the loss of any User Content.

Prohibited Content
You will not violate any applicable contract, intellectual property law, any other applicable law or other third-party rights (including the Company rights) or commit a tort, and you are solely responsible for your conduct while using Coloromo. You represent, warrant and agree that you will not use Coloromo by uploading the User Content or otherwise (all of the following conduct includes any attempts to perform any of the following):

• To engage in any harmful, fraudulent, deceptive, harassing, threatening, intimidating, predatory, defamatory, obscene, stalking or otherwise objectionable conduct.
• For any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms.
• In any manner that could interfere with, disrupt, negatively affect or inhibit other Users from fully enjoying Coloromo or that could damage, disable, overburden or impair the functioning of Coloromo in any manner.
• To decipher, decompile, disassemble or reverse engineer any aspect of Coloromo, do anything that might discover the source code, bypass or circumvent measures employed to prevent or limit your access to any part of Coloromo.
• To circumvent any content-filtering techniques we employ or to access any feature or area of Coloromo that you are not authorized to access.
• To develop or to use any third-party applications that interact with Coloromo without our prior written consent, including any scripts designed to scrape or extract data from Coloromo.
• To display, mirror or frame Coloromo, or any individual element within Coloromo, the Company’s name, any Company trademark, logo or other proprietary information without our express written consent.
• To use any meta tags or other hidden text or metadata utilizing the Company’s trademark, logo URL, product or services name without our express written consent.
• To gain unauthorized access to, interfere with, damage, or disrupt any server, computer or database connected to Coloromo.
  For any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
• To violate any applicable law or regulation.
• To encourage, assist or enable any other party to do any of the foregoing.

You may only share the User Content that is non-confidential, and you have all necessary rights to disclose. You may not create, store or share any User Content that:

• Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent.
• Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any person or otherwise create liability or violate any local, state, national or international law.
• May infringe, misappropriate or violate any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any person.
• Contains any private or personal information of any person without such person’s consent.
• Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content.
• Is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying Coloromo, or that may expose us or others to any harm or liability of any type.

We have the right to monitor your use of Coloromo to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We have the right to investigate violations of these Terms or conduct that affects Coloromo. We may also consult and cooperate with law enforcement authorities to prosecute Users who violate the applicable law.

We reserve the right, in our discretion and at any time, to suspend or discontinue Coloromo, introduce new features or impose limitations on certain features, or restrict access to Coloromo.

PURCHASES & REFUNDS
As you are creating customized imagery using your own images and photos, we cannot offer returns. If you are unhappy with your purchased product, please contact us. Customer satisfaction is very important and we will make every effort to ensure you are happy.  If you received the wrong product, and incorrect size or print, or your product was damaged in transit, we will of course replace it without question. Please let us know within 72 hours of receiving your order in this case. Please note that all samples we display are made using high quality, high resolution photos. Blurry, low quality photos may sometimes impact the final product in achieving the high quality finishes we display, but our tools are designed to work with even relatively low quality images and our outputs are of very high resolution for printing. You accept these ToS upon every purchase, agreeing that you accept the final output as displayed to you. 

LIMITED LICENSE; COPYRIGHT AND TRADEMARK
Coloromo and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, page headers, button icons, scripts, service marks, logos, slogans, filters, art styles, and other content contained therein (collectively, “Coloromo Content”) are owned by us or licensed to us and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, we and our licensors reserve all rights in and to Color and the Coloromo Content.

You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to use Coloromo and the Coloromo Content for your own personal use (“User License”); however, such User License is subject to these Terms and does not include any right to:  

• sell, resell or commercially use Coloromo or the Coloromo Content;
• copy, reproduce, distribute, publicly perform or publicly display the Coloromo Content, except as expressly permitted by us or our licensors;
• modify the Coloromo Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of Coloromo or the Coloromo Content, except as expressly set forth in these Terms;
• use any data mining, robots or similar data gathering or extraction methods; or,
• Use Coloromo or the Coloromo Content other than as expressly provided in these Terms. 

Any Use of Coloromo or the Coloromo Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the User License granted under these Terms. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Coloromo Content.

User License 
You are hereby granted license (“User License”) to use Coloromo to create artistic outputs for your own personal or commercial use; however, such User License is subject to these Terms: 

• If you own exclusive copyrights to any uploaded image to the Coloromo site or app, and/or use the Coloromo tools to output art using Coloromo styles applied to that image, that same copyright of the generated art remains with the user, in perpetuity. 
• If you upload an image from any third party source, including but not limited to free stock photo sites or free usage or expired copyright usage sites (also known as “Commons Use” images) or similar, you are bound by the same rights as the original inputted image, also which remains on equal copyright stance with any other user utilizing the same image with the same Coloromo style or output. 

DISCLAIMERS; LIMITATION OF LIABILITY 
We do not control, endorse or take responsibility for any User Content (and its loss) or third-party content available on or linked to Coloromo. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.

Your use of Coloromo is at your sole risk. Coloromo is provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, we do not represent or warrant that Coloromo is accurate, complete, reliable, current or error-free. While we attempt to make your access to and use of Coloromo safe, we cannot and do not represent or warrant that Coloromo or our servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of Coloromo.

In no case shall Coloromo, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION
You agree to indemnify, defend and hold harmless Coloromo and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. 

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. 

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. 

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). 

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of California. 

CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. 

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at privacy@coloromo.com or P.O. Box 756, Wilton, CA, 95693 

last updated on February 1, 2023