The App is designed for content sharing in connection with Facebook. The App, along with our Site and Facebook, functions as a place to view and share videos, photographs, comments and such (collectively, we call what you share ”Images” and it includes the captions and comments). Your Images and the Images of others that you see on the App or on the Site are what we call the "Color Environment." You may take pictures and create albums through the App. When you take a photo through the Color™ App, you are allowed to designate the album into which the photo will reside, or you can simply use the default album (“Mobile Album”). Once you take a photo, that photo is immediately posted to your Facebook page, and your friends may view it according to your default privacy settings on Facebook. Any Images you take, and any pictures your friends have posted on Facebook (regardless of whether they used the Color App), will also be viewable through the Color App. The App has some other features we’d like to share with you. Group Albums. When you create an album using the Color App, you may invite your Facebook friends to contribute to that album (“Group Album”). You will see your invited friends’ (“Invited Friends”) photographs when you view your Group Album through the App, but currently, you will not see their photographs in your Group Album on your Facebook page. Invited Friends’ photographs will only be stored on their own Facebook pages and viewable consistent with their privacy settings. All the Facebook friends of all the contributors of the Group Album may view all photographs within a Group Album in the Color Environment Visiting. The Color App lets you both post your content to Facebook and stream content live to your friends. When a Facebook friend views a photograph on their Device or computer, that you posted, and clicks on the VISIT icon, you will be sent a Visit request. If you accept the Visit request, then you can use your phone as a live-streaming device (we call this “Hosting”), and anyone from whom you accept a Visit request will see what you see and, subject to your personal privacy settings on Facebook, anyone in your Facebook network will be notified that you are Hosting the Visit. In essence, your camera becomes a mechanism to broadcast what you see live.
Our service is intended for use by people who are 13 years of age or older. Minors over the age of 13 should seek permission from their parents to use the App or Site and may not use the App or Site without such permission.
Subject to your agreement to and compliance with all the rules discussed here (including Facebook's rules) and any other relevant policies, we grant you a nonexclusive, nontransferable, revocable limited license to access and use the service and App solely for your own non-commercial entertainment purposes. You agree not to use the App and/or service for any other purpose. You can enjoy our App and software for sharing Images, but please don’t monkey around or take it unless we say it’s OK. Oh, and by the way, it’s not OK. We made it, and it’s ours. Except where legally appropriate, trying to break or decompile our code or otherwise circumvent technology safeguards we’ve put in place to protect our users’ information is not OK. If we discover you’ve toyed with our code or hardware – including intentionally misrepresenting the sensor data on your Device such that our software cannot properly process it – well, you know the drill by now: we’ll disable our App on your Device and bar you from the Color Environment.
Whatever pictures or videos you create using our App are yours, but a copy will be published within the Color Environment and may quickly go viral. Any pictures or videos you take will also be saved to your Device’s native image folder and you can download those images to your computer according to the software your Device uses. If you happen to see any Images in the Color Environment or on the Site that you didn’t create, but you believe is your work and not subject to fair use, you have the right to request that we remove it. We comply with the Digital Millennium Copyright Act (“DMCA”). Click here to see our policy and read how to dispute the display of Images you believe was unlawfully published.
You don’t have to use our App and/or service, but if you do, you’re giving us permission to use your Images. By using our App and/or service, you hereby grant, and agree to automatically grant at the time of the creation of the Images (and you represent and warrant that you have the right to grant) to Color Labs, Inc. and to Facebook: (a) a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive right and license to (i) store, use, license and sub-license, reproduce, distribute, modify, and adapt your Images within the Site and in the Color Environment, as individual images or as part of a compilation; and (ii) use, license and sub-license and reproduce any of your Images in any or all media throughout the world for the purpose of transmitting or publicizing the App or Color Labs, Inc. or the Color Environment; (b) the perpetual and irrevocable right, but not the obligation, to delete any or all of your Images from the Color servers and from the Site, whether intentionally or unintentionally, and for any reason or no reason, without notice or 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 may deem necessary or desirable for purposes of debugging, testing and/or providing support services in connection with the App or the Site.
If you didn’t create the Images, you may view it (and share it), but you don’t own it. That means you cannot use it without permission from the unique user who created it. If you did create the Images, and you want to give someone permission to use it, that is your right. Color doesn’t monitor or police the use of Images by third parties.
When you use the App or Site, you are agreeing that, unless where prohibited, your use shall be governed by and construed in accordance with the laws of the State of California in the United States of America, as they apply to agreements made and solely performed in the state of California. Disputes arising based on this website or in any way related to this website shall be exclusively subject to the jurisdiction of the Federal Courts of the United States of America and/or the State Courts of California. We last updated this Agreement on October 25, 2011.
If you have questions about our TOS, please send an email to email@example.com.