THIS IS A LEGAL AGREEMENT BETWEEN YOU AND COLOR LABS, INC. dba Color ("Color Labs”), stating the terms that govern Your use of the Color Labs application ("Licensed Application"). This agreement, together with all updates, additional terms, software licenses, and all of Color Labs’ rules and policies, collectively constitute the "agreement" between You and Color Labs. By installing the Licensed Application You are indicating that You agree to these terms. If You do not agree to these terms do not install or use the Licensed Application. You must accept and abide by these terms as presented to You if you want to use the Licensed Application. Changes, additions, or deletions are not acceptable, and Color Labs may refuse access to the Licensed Application for noncompliance with any part of this agreement.
The Licensed Application is licensed, not sold, to You for use only under the terms of this license, unless accompanied by a separate license agreement issued by Color Labs, in which case the terms of that separate Color Labs license agreement will govern. Color Labs reserves all rights not expressly granted to You.
Color Labs grants to You a limited, non-transferable license to use the Licensed Application on any mobile device (“Device”) that You own or control and as permitted by the terms or rules of the App Store or other application download market (the “Usage Rules”). This license does not allow You to use the Licensed Application on any product that You do not own or control, and You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer in any form (including rent, lease, lend, sell, redistribute or sublicense) the Licensed Application. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any parts of updates. Any attempt to do so is a violation of the rights of Color Labs and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Color Labs that replace and/or supplement the original Licensed Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. The Licensed Application may use or contain components provided by third parties. Such third-party components are part of the Licensed Application and are licensed to You under these terms unless the Licensed Application identifies a specific third-party component that is licensed under separate terms.
By using this Licensed Application, You acknowledge that the Licensed Application may collect and use personal data, technical data and related information, including but not limited to Your Device’s location, technical information about Your Device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Licensed Application. Color Labs may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You. You also understand that full use of this Licensed Application may require You to register on the Color Labs website, Facebook, and/or other third-party sites, and that personally identifiable information may be collected by Color Labs, Facebook, and/or such third parties consistent with its and their privacy policies and terms of service.
The license is effective until terminated by You or Color Labs. Any rights granted herein are subject to termination with or without notice from Color Labs if You violate and/or fail to comply with any terms or conditions set for herein. Once this license is terminated, You are no longer entitled to use the Licensed Application, and You must cease all use of the Licensed Application and destroy any copies and partial copies of the Licensed Application. This Licensed Application should be used responsibly, safely, and only for the purposes intended by Color Labs.
The Licensed Application enables access to Color Labs’ and third party services and web sites, and may even include GPS locator services (collectively and individually, "Services"). Use of the Services requires Internet access and may further require that You accept additional terms of service from Color and/or third parties.
You understand that by using any of the Services, You may encounter content that You deem offensive, indecent, or objectionable, which content may or may not be identified, and that the results of any photo search or entering of a particular URL on any website may automatically and unintentionally generate links or references to objectionable material. You agree to use the Services at Your sole risk and that Color Labs shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable.
You understand that Color Labs may offer integration with its own and/or with third party Services for Your convenience. You further understand, acknowledge, and agree that Color Labs is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of any Service or any photographs, videos, images, comments, or web sites accessible via the Service (collectively, “Service Materials”). Color Labs does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any Services, Service Materials or web sites, or for any other materials, products, or services of third parties. Service Materials and links to other web sites are provided solely as a convenience to You.
In addition, Services and Service Materials that may be accessed from, displayed on or linked to from the Device are not available in all languages or in all countries. Color Labs’ intended service area is the Continental United States for residents who can reasonably use Color Labs services. If You do not qualify as an intended customer, do not download this application. Color Labs makes no representation that identified Services and Service Materials accessible outside of its intended coverage area are appropriate or available for use in any particular location. To the extent You choose to access such Services or Service Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Color Labs and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Color Labs be liable for the removal of or disabling of access to any such Services. Color Labs may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
The Licensed Application allows You to take photographs and videos, including the recording, broadcasting, and storing of video, and posting comments that may be made public (collectively, “Images”). By using the Licensed Application and/or the Services, You grant (and You represent and warrant that You have the right to grant) to Color Labs: (a) a royalty-free, world-wide, fully paid-up, perpetual, irrevocable, non-exclusive right and license to store, use, reproduce, distribute, modify, adapt, broadcast, publicly display, and make derivative works of Your Images in connection with providing or publicizing the Services, as individual Images or as part of a compilation, in any or all media throughout the world; (b) the perpetual and irrevocable right, but not the obligation, to delete any or all of Your Images from the servers used to provide the Services and from any website where Color Labs has displayed such Images, whether intentionally or unintentionally, and for any reason or no reason, without any liability of any kind to You or any other party; and (c) a royalty-free, fully paid-up, perpetual, irrevocable, non-exclusive right and license to copy, analyze and use any of Your Images as Color Labs may deem necessary or desirable for purposes of debugging, testing and/or providing support services in connection with the Licensed Application or the Services.
You expressly acknowledge and agree that use of the Licensed Application is at Your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with You. To the maximum extent permitted by applicable law, the Licensed Application and any Services performed or provided by the Licensed Application are provided "as is" and “as available,” with all faults and without warranty of any kind, and Color Labs hereby disclaims all warranties and conditions with respect to the Licensed Application and any Services and Service Materials, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights.
Color Labs does not warrant against interference with Your enjoyment of the Licensed Application in any way, or that defects in the Licensed Application or Services will be corrected. No information or advice given by Color Labs representatives shall create any warranty. Should the Licensed Application or Services prove defective, You assume the entire cost of all necessary servicing, repair or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to You.
To the extent not prohibited by law, in no event shall Color Labs be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to Your use or inability to use the Licensed Application, however caused, regardless of the theory of liability (contract, tort or otherwise), even where Color Labs has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to You. In no event shall Color Labs’ total liability to You for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of Fifty Dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Licensed Application, You represent and warrant that You are not located in any such country or on any such list. You also agree that You will not use these Services for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
The Licensed Application and related documentation are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
The laws of the State of California, excluding its conflicts of law rules, govern this license and Your use of the Licensed Application. Your use of the Licensed Application may also be subject to other local, state, national, or international laws.
Except where otherwise specified, the contents of the Licensed Application are copyright © Color Labs, Inc. All rights reserved. COLOR and VISIT are trademarks or registered trademarks of Color Labs, Inc.