Terms of Use

TERMS OF USE

Welcome to the Colortoon Co. Website (the ‘Site’). Please carefully read the following terms and conditions that govern your use of this Site. By accessing, using or downloading information or materials from the Site, you accept the following terms and conditions. If you are using the Site on behalf of your employer, you are likewise accepting these terms on your employer’s behalf. If you do not agree to all these terms and conditions, do not use this Site.

  • The information, software, documentation, data, services, logos, trademarks, artwork, text, video, audio, pictures and other materials (collectively, ‘Materials’) contained on the Site are owned by Colortoon and/or its suppliers and are protected by law, including copyright and trademark laws and international treaties. Colortoon and/or its suppliers reserve all rights in the Materials.

    Nothing on the Site shall be construed as conferring any license to either Colortoon’s or its suppliers’ intellectual property rights, whether by implication, estoppel or otherwise. Except as provided below, or as specifically permitted in other sections of the Site, you may not reproduce, republish, post, transmit or distribute any Materials from the Site.

    You may print or download Materials from the Site for your own personal, informational, educational or other non-commercial purposes only, provided that you include all copyright and proprietary notices originally included with or contained in the Materials in all copies you create. You may not attempt to ‘pass-off’ any of the Materials as your own. You may not post the Materials on any other website, or display or distribute the Materials on the Site without the express prior written consent of Colortoon.

  • By e-mailing or otherwise transmitting content to Colortoon, you automatically grant (or warrant that the owner of such rights has expressly granted) Colortoon a worldwide, perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, transmit, distribute, and make derivative works based on such content in any form, medium or technology now known or later developed. In addition, you warrant that all moral rights in the content have been waived, unless otherwise is agreed on.

  • If you are required to complete a registration process to enter a portion of the Site, you will provide us with current, complete and accurate information as prompted by the applicable registration form. You will also choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur within your account. You agree to notify Colortoon immediately of any unauthorized use of your account or any other breach of security. Colortoon will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Colortoon or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

  • You agree that Colortoon may, at its sole discretion, at any time terminate your access to the Site and any account(s) you may have in connection with the Site. Access to the Site may be monitored by Colortoon.

  • Links to third party websites on this Site are provided for your convenience. Such third party sites are not under Colortoon’s control, and Colortoon does not assume any responsibility or liability for any communications or materials available at such linked sites. Colortoon does not intend links on the Site to be referrals or endorsements of the linked entities or their products.

  • Colortoon is concerned about your privacy and has developed a policy to address privacy concerns. You can find the current privacy policy at www.colortoon.com/privacy.php.

  • Minors are not eligible to use the Site, and Colortoon asks that they do not submit any personal information to Colortoon.

  • If you have any questions regarding these Terms of Use, please contact Colortoon at webmaster@colortoon.com.

  • THE MATERIALS (INCLUDING ALL SERVICES) AT THIS SITE ARE PROVIDED ’AS IS‘ WITHOUT WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Colortoon's obligations with respect to its products and services are governed solely by the agreements under which they are provided and nothing on this Site should be construed to alter such agreements. Colortoon, further, does not warrant the accuracy or completeness of the materials or services at this Site. Colortoon may make changes to the materials and services at this Site, or to the products and prices described therein, at any time without notice. The materials and services at this Site may be out of date, and Colortoon makes no commitment to update the materials and services at this Site. Information published at this Site may refer to products, programs or services that are not available in your country. Consult us for information regarding the products, programs and services that may be available to you. Applicable law may not allow the exclusion of implied warranties, so this exclusion may not apply to you.

  • IN NO EVENT WILL COLORTOON, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES OR THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT COLORTOON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

  • 11.1 The Terms constitute the entire agreement between you and Colortoon relating to their subject matter, and cancel and supersede any prior versions of the Terms of Use. No modification of these Terms of Use will be binding, unless in writing and signed by an authorized Colortoon representative. You also may be subject to additional terms and conditions that may apply when you use Colortoon or third-party products or services.

    11.2 Rights and obligations under the Terms of Use, which by their nature should survive, will remain in full effect after termination or expiration of the Terms of Use.

    11.3 Any express waiver or failure to exercise promptly any right under the Terms of Use will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms of Use is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms of Use will remain in full force and effect.

© 2009 Colortoon Co. All rights reserved.

Terms of use