ReallyColor Terms & Conditions

By using the ReallyColor.com website and ReallyColor service you are agreeing to be bound by the following terms and conditions (“Terms and Conditions”).

Basic Terms

1. You are 13 years of age or older.
2. You are responsible for any activity that occurs under your screen name.
3. You are responsible for keeping your password secure.
4. You must not abuse, harass, threaten, impersonate or intimidate other ReallyColor users.
5. You may not use the ReallyColor service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
6. You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links (“Content”) that you submit, post, and display on the ReallyColor service.
7. You must not modify, adapt or hack ReallyColor or modify another website so as to falsely imply that it is associated with ReallyColor.
8. You must not access ReallyColor’s private API by any other means other than the ReallyColor application itself.
9. You must not crawl, scrape, or otherwise cache any content from ReallyColor including but not limited to user profiles and photos.
10. You must not create or submit unwanted email or comments to any ReallyColor members (“Spam”).
11. You must not use web URLs in your name without prior written consent from ReallyColor.
12. You must not transmit any worms or viruses or any code of a destructive nature.
13. You must not, in the use of ReallyColor, violate any laws in your jurisdiction (including but not limited to copyright laws).
14. Violation of any of these agreements will result in the termination of your ReallyColor account. While ReallyColor prohibits such conduct and content on its site, you understand and agree that ReallyColor cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the ReallyColor service at your own risk.

General Conditions

1. 1. We reserve the right to modify or terminate the ReallyColor service for any reason, without notice at any time.
   2. We reserve the right to alter these Terms and Conditions at any time. If the alterations constitute a material change to the Terms of Use, we will notify you via Internet mail according to the preference expressed on your account. What constitutes a “material change” will be determined at our sole discretion, in good faith and using common sense and reasonable judgment.

1. We reserve the right to refuse service to anyone for any reason at any time.
2. We reserve the right to force forfeiture of any username that becomes inactive, violates trademark, or may mislead other users.
3. We reserve the right to store your email address and automatically include it in our email distribution list. Each email received will have an ‘unsubscribe’ option in order for you to remove it from the distribution list. We agree to never sell or give your email address to a third party.
4. We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.
5. We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.

Payment

For Services offered on a payment or subscription basis, the following terms apply, unless ReallyColor notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Services:

• • Payments will be billed to you in U.S. dollars, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Services.
  • You must pay with one of the following:
    1. A valid credit card acceptable to ReallyColor;
    2. A valid debit card acceptable to ReallyColor;
    3. Sufficient funds in a checking or savings account to cover an electronic debit of the payment due; ?or
    4. By another payment option ReallyColor provides to you in writing.
  • If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.

• ReallyColor will automatically renew your monthly or annual Services at the current rates, unless the Services are changed, cancelled, or terminated under this Agreement.
• Subscription fees are not refundable if changed, canceled or terminated by you prior to the end of monthly or annual term for Services.
• Additional cancellation or renewal terms may be provided to you on the website for the Services.
• All sales are final.
• Credits expire within 90 days of redemption/deposit into a ReallyColor account.

Proprietary Rights in Content on ReallyColor

1. 1. ReallyColor does NOT claim ANY ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, “Content”) that you save privately under your username on or through the ReallyColor Services. However, by displaying, allowing to be displayed, or publishing (via the “Share With ReallyColor” feature) any Content publicly on or through the ReallyColor Services, you hereby grant to ReallyColor a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Site in any media formats through any media channels, except Content not shared publicly (“private”) will not be distributed publicly or outside the ReallyColor Services.
   2. Some of the ReallyColor Services are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that ReallyColor may place such advertising and promotions on the ReallyColor Services or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.

You represent and warrant that: (i) you own the Content posted by you on or through the ReallyColor Services or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your Content on or through the ReallyColor Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of your Content on the Site does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you post on or through the ReallyColor Services.

1. The ReallyColor Services contain Content of ReallyColor (“ReallyColor Content”). ReallyColor Content is protected by copyright, trademark, patent, trade secret and other laws, and ReallyColor owns and retains all rights in the ReallyColor Content and the ReallyColor Services. ReallyColor hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the ReallyColor Content (excluding any software code) solely for your personal use in connection with viewing the Site and using the ReallyColor Services.
2. The ReallyColor Services contain Content of Users and other ReallyColor licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the ReallyColor Services.
3. ReallyColor performs technical functions necessary to offer the ReallyColor Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the ReallyColor Services.

General ReallyColor Service

Although the Site and other ReallyColor Services are normally available, there will be occasions when the Site or other ReallyColor Services will be interrupted for scheduled maintenance, upgrades, emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of ReallyColor. ReallyColor will do its best to prevent outages of any sort, however, if an outage does occur, you will not receive a rebate or refund due to the outage. Also, although ReallyColor will normally only delete Content that violates this Agreement, ReallyColor reserves the right to delete any Content for any reason, without prior notice. Deleted content may be stored by ReallyColor in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, ReallyColor encourages you to maintain your own backup of your Content. In other words, ReallyColor is not a backup service. ReallyColor will not be liable to you for any modification, suspension, or discontinuation of the ReallyColor Services, or the loss of any Content.