Terms of Use

1. Acceptance of Terms

By accessing or using the Color Red website ("the Service"), you agree to be bound by these Terms of Use ("Terms"). If you disagree with any part of the terms, you may not access the Service.

These Terms of Use constitute a legally binding agreement between you and Color Red regarding your use of our website, tools, and services. Please read them carefully before using our platform. By accessing or using any part of our website, you acknowledge that you have read, understood, and agree to be bound by these Terms.

If you are using our Service on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind such entity to these Terms, and references to "you" in these Terms refer to both you individually and such entity.

2. Use License

Permission is granted to temporarily use the tools and services on Color Red's website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

• Modify or copy the materials except as necessary for your personal, non-commercial use;
• Use the materials for any commercial purpose, or for any public display (commercial or non-commercial) without prior written consent from Color Red;
• Attempt to decompile, reverse engineer, disassemble, or otherwise reduce to human-perceivable form any software contained on Color Red's website;
• Remove any copyright, trademark, or other proprietary notations from the materials;
• Transfer the materials to another person or "mirror" the materials on any other server;
• Use any automated system, software, or process to access, extract, or download content from the Service;
• Interfere with or disrupt the Service or servers or networks connected to the Service;
• Circumvent, disable, or otherwise interfere with security-related features of the Service;
• Use the Service in any way that could damage, disable, overburden, or impair the Service.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Color Red at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

For educational institutions, we offer special licensing terms. Please contact us at education@colorred.com for more information.

3. Account Registration and Security

Some features of our Service may require you to register for an account. When you register, you agree to provide accurate, current, and complete information about yourself and to update this information to keep it accurate, current, and complete.

You are solely responsible for:

• Maintaining the confidentiality of your account password and username;
• Restricting access to your computer or device;
• All activities that occur under your account.

You agree to notify Color Red immediately of any unauthorized use of your account or any other breach of security. Color Red will not be liable for any loss or damage arising from your failure to comply with this section.

We reserve the right to disable any user account at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

4. Intellectual Property Rights

The Service and its original content, features, and functionality are and will remain the exclusive property of Color Red and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Color Red.

You acknowledge that all intellectual property rights, including without limitation, copyright, trademark, trade secret, and patent rights in the Service and its content are owned by Color Red or its suppliers and licensors.

Nothing in these Terms grants you a right to use any of Color Red's names, logos, domain names, or other distinctive brand features without our prior written consent.

5. User Generated Content

Users may be able to create, post, or share content using our tools. By submitting content through our tools, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, modify, and display that content in connection with the services we provide.

You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any content that you create, submit, post, or display on or through the Service. You agree that such content will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant Color Red the license described above.

You are solely responsible for your User Content and the consequences of posting or publishing it. We do not endorse any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Content.

Color Red reserves the right to:

• Remove or refuse to post any User Content for any or no reason;
• Take any action with respect to User Content that we deem necessary or appropriate in our sole discretion;
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights;
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service.

6. Prohibited Uses

You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

• In any way that violates any applicable federal, state, local, or international law or regulation;
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation;
• To impersonate or attempt to impersonate Color Red, a Color Red employee, another user, or any other person or entity;
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm Color Red or users of the Service or expose them to liability;
• To use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Service;
• To use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service;
• To introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.

7. Disclaimer of Warranties

The materials on Color Red's website are provided on an 'as is' and 'as available' basis. Color Red makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

Further, Color Red does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

Without limiting the foregoing, Color Red does not warrant that:

• The Service will function uninterrupted, secure, or available at any particular time or location;
• Any errors or defects will be corrected;
• The Service is free of viruses or other harmful components;
• The results of using the Service will meet your requirements.

8. Limitation of Liability

In no event shall Color Red or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Color Red's website, even if Color Red or a Color Red authorized representative has been notified orally or in writing of the possibility of such damage.

Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

To the maximum extent permitted by applicable law, in no event shall Color Red, its affiliates, directors, employees, agents, licensors, or suppliers be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, that result from the use of, or inability to use, the Service.

If you are dissatisfied with any portion of the Service or with these Terms of Use, your sole and exclusive remedy is to discontinue use of the Service.

9. Accuracy of Materials

The materials appearing on Color Red's website could include technical, typographical, or photographic errors. Color Red does not warrant that any of the materials on its website are accurate, complete or current. Color Red may make changes to the materials contained on its website at any time without notice. However, Color Red does not make any commitment to update the materials.

The information provided on the Service is for general information purposes only. While we strive to provide accurate and up-to-date information, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability of the information, products, services, or related graphics contained on the Service for any purpose.

10. Links to Third-Party Websites

Color Red has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Color Red of the site. Use of any such linked website is at the user's own risk.

The Service may contain links to third-party websites or services that are not owned or controlled by Color Red. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Color Red shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

11. Modifications to Terms

Color Red may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

12. Governing Law

These terms and conditions are governed by and construed in accordance with the laws and you irrevocably submit to the exclusive jurisdiction of the courts in that location.

Any disputes relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts located within the United States. You agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims.

These Terms shall be governed by the internal substantive laws of the United States, without respect to its conflict of laws principles.

13. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service, or contact us at support@colorred.com.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

14. Indemnification

You agree to defend, indemnify, and hold harmless Color Red, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, your User Content, any use of the Service's content, services, and products other than as expressly authorized in these Terms.

15. Contact Information

If you have any questions about these Terms, please contact us at legal@colorred.com or by mail at:

Color Red
123 Design Avenue
Creative District
San Francisco, CA 94103
United States

16. Privacy Policy

Your use of Color Red is also governed by our Privacy Policy, which can be found here. Please review our Privacy Policy to understand our practices regarding the collection, use, and disclosure of your personal information.