Terms of Service
Scope of Agreement
Terms of Service.
These terms of service (“Terms of Service”)
govern the access and use of the website
www.Cloredapp.com, and affiliated websites,
features, services, mobile applications,
products, software and other services, or any
portion thereof (collectively, the “Service”),
owned or controlled by Clored, or its
affiliated companies ("Clored" or "Clored App"
or "RedRetarget" or “we” or “our” or “us”).
Affiliated companies are entities that
control, are controlled by or are under common
control with Clored.
Privacy Policy.
For information about how Clored collects,
uses, and shares your information, please
review our privacy policy (“Privacy Policy”),
which can be found
here, and is incorporated herein by reference.
You agree that by using the Service you
consent to the collection, use, and sharing
(as set forth in the Privacy Policy) of such
information, including the transfer of this
information to the United States and/or other
countries for storage, processing, and use by
Clored.
Agreement.
These Terms of Service, the Privacy Policy,
and any other legal notices published by us on
the Service are, collectively, an agreement
(this “Agreement”) between Clored and you
(“You” or “your” or “you” or, a “User”), a
user of the Service. By accessing or using the
Service you acknowledge and agree to this
Agreement, including, without limitation,
these Terms of Service and the Privacy Policy.
If you choose to not agree with any of the
terms of this Agreement, including, without
limitation, these Terms of Service or the
Privacy Policy, you may not use the
Service.
Intellectual Property
Ownership of Marks and IP.
The design, trademarks, service marks, and
logos of Clored and the Service (“Clored
Marks”), are owned by or licensed to Clored,
subject to copyright and other intellectual
property rights under United States, foreign
laws and international conventions. Except as
otherwise indicated, all copyright rights and
other intellectual property rights in the
Service and its contents, including any and
all Clored Marks, content, data, databases,
information, text, music, sound, photos,
images, graphics, audio, video, software,
code, technology, methods, analyses, studies,
reports, and other intellectual property
contained therein (“Clored IP”) are owned by
or licensed to Clored, and protected by law,
including copyright, database, trade secret,
and trademark laws of the United States and
all applicable jurisdictions, as well as other
applicable state, national, and international
laws and regulations.
License. During the term of this Agreement, Clored
grants you a limited, non-exclusive,
non-transferable license to access the Service
for your personal and non-commercial use in
accordance with these Terms of Service. Clored
reserves all rights not expressly granted in
and to the Service. You agree to not engage in
the use, copying, or distribution of any of
the Service, or any portion thereof, other
than as expressly permitted.
Your Account
Account Registration.
If you choose to register for a Clored
account, you must complete the account
registration process by providing us with
current, complete, and accurate information as
prompted by the applicable registration form.
You also will choose a username and password.
You agree to register only once using a single
username. You agree you will not (a) register
on behalf of another person; (b) register
under the name of another person or under a
fictional name or alias; (c) choose a username
that constitutes or suggests an impersonation
of any other person (real or fictitious) or
entity or that you are a representative of an
entity when you are not, or that is offensive;
(d) choose a username for the purposes of
deceiving or misleading our users and/or the
Clored as to your true identity; or (e) choose
a username that incorporates a solicitation.
If you create an account, you represent and
warrant that you have never been convicted of
a felony and that you are not required to
register as a sex offender with any government
entity.
Account Information.
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 under your account. You should notify us
immediately of any known or suspected
unauthorized use of your username and password
or any other breach of security. Clored will
not be liable for any loss that you may incur
as a result of someone else using your
username, password, or account, either with or
without your knowledge. You could be held
liable for losses incurred by Clored or
another party due to someone else using your
username, password, or account. You may not
use anyone else’s account at any time, without
the permission of the account holder. Your
account is unique to you and may not be
transferred to any third party.
Account Security.
Clored cares about the integrity and security
of your account information. However, Clored
cannot guarantee that unauthorized third
parties will never be able to defeat the
Service’s security measures or use any
personal information you provide to us for
improper purposes. You acknowledge that you
provide your account information at your own
risk.
User Content and Conduct
User Content.
As a user with a registered account, you may
be able to submit content to the Service,
including videos, photos, images, audio, text,
information (including, without limitation,
Personally Identifiable Information), user
comments, and any other content (collectively,
“User Content”). You shall be solely
responsible for your own User Content and the
consequences of submitting and publishing your
User Content on the Service. You further agree
that you will not submit to the Service any
User Content or other material that is
contrary to these Terms of Service or contrary
to applicable local, national, and
international laws and regulations.
Representations.
You affirm, represent, and warrant that you
own or have the necessary licenses, rights,
consents, and permissions to publish User
Content you submit. You further agree that
User Content you submit to the Service will
not contain third party copyrighted material,
or material that is subject to other third
party proprietary rights, unless you have
permission from the rightful owner of the
material or you are otherwise legally entitled
to post the material and to grant us all of
the license rights granted herein. We do not
permit copyright infringing activities and
infringement of intellectual property rights
on the Service, and we will remove all User
Content if properly notified that such User
Content infringes on another’s intellectual
property rights. We reserve the right to
remove User Content without prior notice. By
using the Service and the Community Services,
you expressly agree not to use, reproduce,
modify, adapt, edit, translate, publicly
display, telecommunicate or perform, post,
upload to, transmit, distribute, store, create
derivative works from or otherwise publish
throughout the world, in any media, now known
or hereafter devised, on or through the
Service any of the following:
(a) User Content that would constitute,
encourage or provide instructions for a
criminal offense, violate the rights of any
party, or that would otherwise create
liability or violate any local, state,
foreign, national or international law,
including, without limitation, the regulations
of the U.S. Securities and Exchange
Commission;
(b) User Content that is indecent, profane
(including masked profanity where symbols,
initials, intentional misspellings or other
characters are used to suggest profane
language), obscene, pornographic, abusive,
inflammatory, untrue, misleading, illegal,
invasive of privacy or publicity rights,
libelous, slanderous or defamatory. We do not
tolerate users harassing, threatening or
embarrassing other users, including harassment
or denigration based on age, gender, race,
religion, national origin, sexual orientation
or disability, marital status or veteran
status, or the stalking of other users;
(c) User Content that contains any
confidential or proprietary information of any
person or entity, or that otherwise violates
the legal rights of any person or entity. You
may not include in any User Content either any
email addresses or telephone numbers of any
person or entity, including your own. You may
not use a false email address, impersonate any
person or entity (including any other user),
or otherwise mislead as to the origin of your
User Content;
(d) User Content that is unrelated to the
topic of the Community Services in which such
Content is posted, or that, in the sole
judgment of Clored, contravenes the above, is
otherwise objectionable or inappropriate, or
which restricts or inhibits any other person
from using or enjoying the Service, or which
may expose Clored or its affiliates or its
users to any harm or liability of any
type.
Rights and License.
You retain all of your ownership rights in
your User Content. However, by submitting User
Content to the Service, you hereby grant
Clored a worldwide, non-exclusive,
royalty-free, sublicenseable and transferable
license to use, reproduce, distribute, prepare
derivative works of, display, and perform the
User Content in connection with the Service
and Clored’s (and its successors’ and
affiliates’) business, including without
limitation for promoting and redistributing
part or all of the Service (and derivative
works thereof) in any media formats and
through any media channels (including for
advertising or other commercial use). If we
publish your User Content or authorize or
license others to do so, your User Content may
be edited for length, format, clarity or for
any other reason either before or after it is
published. You also hereby grant each user of
the Service a non-exclusive license to access
your User Content through the Service, and to
use, reproduce, distribute, display and
perform such User Content as permitted through
the functionality of the Service and under
these Terms of Service. The above licenses
granted by you in User Content you submit to
the Service terminate within a commercially
reasonable time after you remove your User
Content from the Service. You understand and
agree, however, that we may retain, but not
display, distribute, or perform, server copies
of your User Content that have been removed.
The above licenses granted by you in user
comments you submit are perpetual and
irrevocable.
Community Services.
Clored provides a number of means by which you
may communicate with other users and with us,
including various communication and
personalization tools and services that are
part of our Clored community (the “Community
Services”). The Community Services may include
comments, discussion forums, and listings, in
which you or other users may post content,
messages, materials or other items on the
Service. All of your communications made to or
through these other means or our Community
Services, as well as any attachments to those
communications or otherwise submitted to us
(such as documents, photographs and videos)
are included in the definition of “User
Content,” and are subject to the terms for
User Content as set forth above. You are
solely responsible for your use of such
Community Services and use them at your own
risk. No action should be taken based upon any
of the information contained in the Community
Services. You should seek independent
professional advice from a person who is
licensed and/or knowledgeable in the
applicable area before acting upon any
opinion, advice, or information contained on
the Service. All statements, information and
other User Content submitted by users are
solely the opinions of users, and not of
Clored. You are responsible for all usage and
activity in the Community Services through
your username and password, including use of
your username and password by any third party.
You are responsible for all usage and activity
in the Community Services through your
username and password, including use of your
username and password by any third party. You
should be aware that disclosure in the
Community Services of your full name, street
address or other personal information raises
safety concerns and may result in
solicitations from third parties or unwanted
communications. We disclaim any responsibility
or liability arising from your disclosure of
such personal information, or any other
information, in the Community Services.
User Conduct.
As a condition of your use of and access to
the Service, you agree not to use the Service
for any unlawful purpose or in any way that
violates these Terms. Any use of the Service
or Community Services in violation of these
Terms of Service and may result in, among
other things, termination or suspension of
your account and your ability to use the
Service or Community Services. You may not
engage in any of the following prohibited
activities:
(a) Copying, distributing, or disclosing any
part of the Service in any medium, including
without limitation by any automated or
non-automated “scraping”; collecting or
harvesting any personally identifiable
information, including account names, from the
Service; altering, modifying or creating
derivative works of the Service, or any
portion thereof;
(b) Using any automated system, including
without limitation “robots,” “spiders,”
“offline readers,” etc., to access the
Service; accessing any content or features of
the Service through any technology or means
other than those provided or authorized by the
Service;
(c) Transmitting spam, chain letters, or
other unsolicited email; using the Service for
any commercial solicitation purpose or
political campaigning;
(d) Attempting to interfere with, compromise
the system integrity or security, or decipher
any transmissions to or from the servers
running the Service; uploading invalid data,
viruses, worms, or other software agents
through the Service; bypassing the measures we
may use to prevent or restrict access to the
Service, including without limitation features
that prevent or restrict use or copying of any
content or features or enforce limitations on
use of the Service or the content or features
therein;
(e) Taking any action that imposes, or may
impose at our sole discretion an unreasonable
or disproportionately large load on Service
infrastructure; interfering with the proper
working of the Service;
(f) Impersonating another person or otherwise
misrepresenting your affiliation with a person
or entity, conducting fraud, hiding or
attempting to hide your identity; or
(g) Disrupting the normal flow of dialogue,
causes a screen to “scroll” faster than other
Users are able to type, or otherwise
negatively affects other Users’ ability to
engage in real time exchanges.
(h) The Service is for personal use only.
Users may not use the Service or any content
contained in the Service (including, but not
limited to, content of other users, designs,
text, graphics, images, video, information,
logos, software, audio files and computer
code) in connection with any commercial
endeavors, such as (a) advertising or
soliciting any user to buy or sell any
products or services not offered by Clored or
(b) soliciting others to attend parties or
other social functions, or networking, for
commercial purposes. Users of the Service may
not use any information obtained from the
Service to contact, advertise to, solicit, or
sell to any other user without his or her
prior explicit consent. Organizations,
companies, and/or businesses may not use the
Service or the Service for any purpose except
with Clored’s express consent (such as for
promoted profiles or other advertisements),
which Clored may provide or deny in its sole
discretion. Clored may investigate and take
any available legal action in response to
illegal and/or unauthorized uses of the
Service, including collecting usernames and/or
email addresses of users by electronic or
other means for the purpose of sending
unsolicited email and unauthorized framing of
or linking to the Service.
Customizations.
If you make any customizations to the pages of
the Service, you assume all technical risk
related to those customizations. Clored
accepts no responsibility to provide such
support. It is the responsibility of the User,
and not Clored, to ensure that the
customization of a page does not damage the
Service or the User’s website.
Copyright Policy
Copyright Agent.
Clored respects the intellectual property
rights of others and expects users of the
Service to do the same. We will respond to
notices of alleged copyright infringement that
comply with applicable law and are properly
provided to our designated copyright agent
(“Copyright Agent”). Our designated Copyright
Agent to receive notifications of claimed
infringement is:
Attn: Legal Department
Clored
10 Woodland Ave
Budd Lake, NJ 07828
contact@clored.app
For clarity, only DMCA notices should go to
the Copyright Agent; any other feedback,
comments, requests for technical support, and
other communications should be directed to
contact@clored.app. You acknowledge that if
you fail to comply with all of the
requirements of this Section, your DMCA notice
may not be valid.
Claims of Infringement.
If you are a copyright owner or an agent
thereof and believe that any Content infringes
upon your copyrights, you may submit a
notification pursuant to the Digital
Millennium Copyright Act (“DMCA”) by providing
our Copyright Agent with the following
information in writing (see 17 U.S.C 512(c)(3)
for further detail):
A physical or electronic signature of a
person authorized to act on behalf of the
owner of an exclusive right that is allegedly
infringed;
Identification of the copyrighted work
claimed to have been infringed, or, if
multiple copyrighted works at a single online
site are covered by a single notification, a
representative list of such works at that
site;
Identification of the material that is
claimed to be infringing or to be the subject
of infringing activity and that is to be
removed or access to which is to be disabled
and information reasonably sufficient to
permit the service provider to locate the
material;
Information reasonably sufficient to permit
Clored to contact you, such as an address,
telephone number, and, if available, an
electronic mail;
A statement that you have a good faith belief
that use of the material in the manner
complained of is not authorized by the
copyright owner, its agent, or the law;
and
A statement that the information in the
notification is accurate, and under penalty of
perjury, that you are authorized to act on
behalf of the owner of an exclusive right that
is allegedly infringed.
Counter-Notice.
If you believe that your content that was
removed (or to which access was disabled) is
not infringing, or that you have the
authorization from the copyright owner, the
copyright owner’s agent, or pursuant to the
law, to post and use the material in your
content, you may send a counter-notice
containing the following information to our
Copyright Agent:
Your physical or electronic signature;
Identification of the content that has been
removed or to which access has been disabled
and the location at which the content appeared
before it was removed or disabled;
A statement that you have a good faith belief
that the content was removed or disabled as a
result of mistake or a misidentification of
the content; and
Your name, address, telephone number, and
e-mail address, a statement that you consent
to the arbitration provision of this
Agreement, and a statement that you will
accept service of notice from the person who
provided notification of the alleged
infringement;
If a counter-notice is received by our
Copyright Agent, we may send a copy of the
counter-notice to the original complaining
party informing that person that he or she may
replace the removed content or cease disabling
it in ten (10) business days. Unless the
copyright owner files an action seeking a
court order against the content provider, or
user, the removed content may be replaced, or
access to it restored, in ten (10) to fourteen
(14) business days or more after receipt of
the counter-notice, at our sole
discretion.
Third Parties and Shopify
Third Party Links.
The Service may contain links to third-party
advertisers, websites or services. You
acknowledge and agree that Clored is not
responsible or liable for: (a) the
availability or accuracy of such
advertisements, websites or services, or (b)
the content, products, or resources on or
available from such advertisers, websites or
services. Links to such advertisers, websites
or services do not imply any endorsement by
Clored of those websites or services. You
acknowledge sole responsibility for and assume
all risk arising from your use of any such
websites or services.
Third Party Content.
Through the Service, you will have the ability
to access and/or use content provided by third
parties. Clored cannot guarantee that such
third party content will be free of material
you may find objectionable or otherwise.
Clored disclaims any responsibility or
liability related to your access or use of any
third party content.
Third Party Promotions.
Some third parties may promote sweepstakes,
competitions, promotions, and other similar
opportunities on the Service (“Third Party
Promotions”). Clored is not the sponsor or
promoter of these Third Party Promotions and
does not bear any responsibility or liability
for the actions or inactions of any third
parties who organize, administer or are
otherwise involved in any of promotion of
these Third Party Promotions. If you wish to
participate in any of these Third Party
Promotions, you are responsible for reading
and ensuring that you understand the
applicable rules and any eligibility
requirements and are lawfully able to
participate in such Third Party Promotions in
your jurisdiction.
Social Media Networks.
The Service may include features that connect
to third party social media networks (“Social
Media Networks”) and allow you to share or
like content or services with your friends or
other users of the Social Media Networks, or
you may be able to connect your user account
with your Social Media Networks’ accounts. To
learn more about how your information may be
shared with Social Media Networks or how your
Social Media Networks’ account information may
be shared with us, please read our Privacy
Policy and the privacy policy or settings of
the relevant Social Media Networks.
No Affiliation.
Clored is an independent company and is not
associated or affiliated with and does not
represent Shopify Inc. (“Shopify”). Use of
Shopify’s services is governed by Shopify’s
Terms of Service that can be found at
https://www.shopify.com/legal/terms. Clored
has no affiliation or rights with any brand or
third party products on the Service. Clored
disclaims ownership of any trademarks, logos
or images belonging to any brand or third
party products appearing on the Service. The
appearance of trademarks and/or logos
belonging to brands, third party products or
their respective companies on the Service does
not constitute affiliation or endorsement by
such companies of any of the services provided
by Clored.
Fees, Payments, Changes, No Refunds
Fees. Clored reserves the right at any time to
charge fees for access to the Service, or any
portion thereof. However, in no event will you
be charged for access to the Service unless we
obtain your prior agreement to pay such
charges. You may cancel your account at any
time. Any fees will be posted prominently on
the Service and in other appropriate locations
on the Service. You agree to pay all charges
that may be incurred by you or on your behalf
through the Service, at the price(s) in effect
when such charges are incurred, including all
shipping and handling charges. In addition,
you remain responsible for any and all taxes
that may be applicable to your purchase(s),
and you agree that such taxes, if any, are not
our responsibility.
Payments.
If products, subscriptions, software, or
services are made available for purchase
through the Service and you wish to purchase
such products, subscriptions, software, or
services, you may be asked by us or our
designee (or, if such product, subscriptions,
software, or services are being made available
by a third party provider, by such third party
provider) to supply certain information
relevant to your purchase, including, without
limitation, credit card number, expiration
date, billing address and shipping
information. YOU REPRESENT AND WARRANT THAT
YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT
CARD(S) OR OTHER PAYMENT MEANS USED BY YOU OR
THROUGH YOUR USERNAME(S) TO PURCHASE ANY SUCH
PRODUCT AND/OR SERVICE. You acknowledge that
any such information will be treated by us in
accordance with our Privacy Policy. You grant
us the right to provide such information to
third parties in order to facilitate the
completion of transactions initiated by you or
on your behalf through the Service.
Verification of information may be required
prior to acceptance of any order through the
Service.
Changes.
We reserve the right, in our sole discretion,
without any liability whatsoever, and with or
without prior notice, to: (a) change
descriptions or references to products,
subscriptions, software or services; (b) limit
the available quantity of any products,
subscriptions, software, or services; (c)
discontinue in their entirety any or all
products, subscriptions, software, or
services; (d) honor, or refuse to honor, any
coupon, coupon code, promotional code or other
similar promotions (collectively, the “Rewards
Program”) and modify any Rewards Program, any
points, or the terms that govern their usage,
at our sole discretion, and such modifications
may make the Rewards Program points more or
less common, valuable, effective, or
functional; and/or (e) refuse to provide any
user of the Service with any products,
subscriptions, software or services.
Errors, Inaccuracies and Omissions.
Occasionally there may be information in the
Service that contains typographical errors,
inaccuracies or omissions. We reserve the
right to correct any errors, inaccuracies or
omissions, and to change or update information
if any information in the Service or on any
related website is inaccurate at any time
without prior notice. We undertake no
obligation to update, amend or clarify
information in the Service or on any related
website, including without limitation, except
as required by law. No specified update or
refresh date applied in the Service or on any
related website, should be taken to indicate
that all information in the Service or on any
related website has been modified or
updated.
$USD, No Refunds or Credits.
All fees and payments are in $USD. Your cart
must charge customers in $USD. There shall be
no refunds or credits at any time for any
reason whatsoever, whether or not the Service,
or any portion thereof, including, without
limitation, the Shopify API or any third party
service, is unavailable, modified and/or
discontinued in Clored’s sole discretion at
any time, for any reason or no reason. By
using the Service, you hereby accept the risk
inherent in using a checkout service.
Buyers and Sellers
Clored is a Technology Platform. You understand that Clored acts only as a
technology platform and interface between
Shopify and other platform ecommerce store
owners and agencies and that Clored does not
itself verify the qualifications of these
store owners or agencies, nor does it evaluate
or control in any ongoing manner exchanges
between store owners and agencies and Shopify
or other platforms.
Disputes with Shopify, Facebook or any
other company.
If you have a dispute with Shopify, Facebook,
or any app company or app, you release us (and
our affiliates and subsidiaries, and our and
their respective officers, directors,
employees and agents) from claims, demands and
damages (actual and consequential) of every
kind and nature, known and unknown, arising
out of or in any way connected with such
disputes. In entering into this release you
expressly waive any protections (whether
statutory or otherwise) that would otherwise
limit the coverage of this release to include
only those claims which you may know or
suspect to exist in your favor at the time of
agreeing to this release.
Mobile Services
“Mobile Services”
means certain software and services that are
available via a mobile device, including (a)
the ability to upload data to the Service via
a mobile device, (b) the ability to use the
Service from a mobile device, and (c) the
ability to access certain features through an
application downloaded and installed on a
mobile device.
Wireless Carriers.
To the extent you access the Mobile Services
through a mobile device, your wireless
carrier’s standard charges, data rates and
other fees may apply. In addition,
downloading, installing, or using certain
Mobile Services may be prohibited or
restricted by your carrier, and not all Mobile
Services may work with all carriers or
devices.
Notifications and Messages.
By using the Mobile Services, you agree that
we may communicate with you regarding Clored
and other entities by SMS, MMS, text message
or other electronic means to your mobile
device for the purpose of providing the
applicable service and that certain
information about your usage of the Mobile
Services may be communicated to us. In the
event you change or deactivate your mobile
telephone number, you agree to promptly update
your Clored account information to ensure that
your messages are not sent to the person that
acquires your old number. In the event that
you fail to comply with the obligation to
promptly update your Clored account
information when changing or deactivating your
mobile telephone number, you accept full
responsibility for any of your messages, which
may not be delivered or may be sent to the
person that acquires your old number.
Disclaimers and Disclosures
Disclaimers.
We do not endorse any User Content submitted
to the Service by any user or other licensor,
or any opinion, recommendation, or advice
expressed therein, and we expressly disclaim
any and all liability in connection with User
Content. Clored takes no responsibility and
assumes no liability for any User Content
posted, stored or uploaded by you or any third
party, or for any loss or damage thereto or in
connection therewith, nor is Clored liable for
any mistakes, inaccuracies, infringements,
defamation, slander, libel, omissions,
falsehoods, obscenity, pornography or
profanity you may encounter. As a provider of
interactive services, Clored is not liable for
any statements, representations or User
Content provided by its users. Although Clored
has no obligation to screen, edit or monitor
any of the User Content posted to or
distributed through the Service, Clored
reserves the right, and has absolute
discretion, to remove, screen or edit without
notice any User Content posted or stored on
the Service at any time and for any reason and
without liability to you or any third party,
and you are solely responsible for creating
backup copies of and replacing any User
Content you post or store on the Service at
your sole cost and expense. However, we also
reserve the right in our sole discretion to
display any User Content that is submitted to
us (or to decline to remove any User Content),
even if it violates this Agreement. Since not
all of the areas of the Service are monitored
on a “real time” basis, you may see User
Content that violates this Agreement before we
do. Please report such items to
contact@clored.app.
Disclosures. In order to cooperate with legitimate
governmental requests, subpoenas or court
orders, to protect Clored’s systems and users,
or to ensure the integrity and operation of
Clored’s business and systems, Clored may
access and disclose any information it
considers necessary or appropriate, including,
without limitation, account information (i.e.
name, email address, etc.), IP addressing and
traffic information, usage history, and posted
User Content. Clored’s right to disclose any
such information, as applicable, shall be
pursuant to the terms of Clored’s Privacy
Policy. Please see Clored’s Privacy Policy for
the terms of our personal information
collection and use practices with respect to
the Service.
YOU ARE SOLELY
RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER
USERS. YOU UNDERSTAND THAT Clored CURRENTLY
DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR
SCREENINGS ON ITS USERS. Clored ALSO DOES NOT
INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS
USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF
ITS USERS. Clored MAKES NO REPRESENTATIONS OR
WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR
COMPATIBILITY WITH ANY CURRENT OR FUTURE
USERS. Clored RESERVES THE RIGHT TO CONDUCT
ANY CRIMINAL BACKGROUND CHECK OR OTHER
SCREENINGS (SUCH AS SEX OFFENDER REGISTER
SEARCHES), AT ANY TIME AND USING AVAILABLE
PUBLIC RECORDS.
Termination, Suspension, and Restrictions, and Survival of Terms
Termination, Suspension, and
Restrictions.
Clored may terminate or suspend your access to
or ability to use the Service immediately,
without prior notice or liability, for any
reason or no reason, including breach of this
Agreement. In particular, Clored may
immediately terminate or suspend accounts that
have been flagged for repeat copyright
infringement. Upon termination of your access
to or ability to use the Service, your right
to use or access the Service will immediately
cease. Clored may change, restrict access to,
suspend, or discontinue any aspect of the
Service at any time, including availability of
any feature, database, or content. Clored may
also impose limits on certain features and
services or restrict your access to all or
parts of the Service without notice or
liability.
Survival of Terms. This Agreement’s terms and conditions that by
their nature should survive termination shall
survive termination, including, without
limitation, ownership provisions, warranty
disclaimers, and limitations of liability.
Termination of your access to and use of the
Service shall not relieve you of any
obligations arising or accruing prior to
termination or limit any liability that you
otherwise may have to Clored or any third
party.
Disclaimers
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION, MOBILE SERVICES), IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Clored, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Clored DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, WILL NOT BE DISCONTINUED AT ANY TIME IN Clored’S SOLE DISCRETION WITH NO REFUNDS TO YOU FOR ANY REASON, THAT DEFECTS WILL BE CORRECTED OR THAT SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. Clored DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT OR DATA ON THE SERVICE, WITH RESPECT TO THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. Clored DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCTS, OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY OTHER ADVERTISING, AND Clored WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF PRODUCTS OR SERVICES THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitations of Liability
IN NO EVENT SHALL Clored, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM YOUR USE OF THE SERVICE OR DISCONTINUATION OR MODIFICATION OF THE SERVICE, OR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR DATA, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR DATA OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT OR DATA POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, AND/OR (VII) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF ANY BUSINESS INTERRUPTION, LOSS OF SALES, REVENUE, LOSS OF PROFITS, ADVERTISING, OR ANY OTHER FINANCIAL LOSSES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Clored IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT Clored SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IN NO EVENT WILL Clored’S TOTAL AGGREGATE LIABILITY TO YOU UNDER THIS AGREEMENT EXCEED THE AMOUNT PAID BY YOU TO USE THE SERVICE.
Indemnification
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Clored, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of and access to the Service (including, without limitation, Mobile Services); (b) your violation of any term of this Agreement; (c) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (d) any claim that your User Content caused damage to a user or third party. Clored may assume the exclusive defense and control of any matter for which users have agreed to indemnify Clored and you agree to assist and cooperate with Clored in the defense or settlement of any such matters. This defense and indemnification obligation will survive the termination of this Agreement and your use of the Service.
Dispute Resolution
Mandatory Arbitration.
For any dispute you have with Clored, you
agree to first contact Clored and attempt to
resolve the dispute informally. If Clored has
not been able to resolve the dispute with you
informally, we each agree to resolve any
claim, dispute, or controversy (excluding
claims for injunctive or other equitable
relief) arising out of or in connection with
or relating to this Agreement by binding
arbitration by the American Arbitration
Association (“AAA”) under the Commercial
Arbitration Rules and Supplementary Procedures
for Consumer Related Disputes then in effect
for the AAA, except as provided herein. The
arbitration will be conducted in the City of
Irving, Texas, in the United States. Each
party will be responsible for paying any AAA
filing, administrative and arbitrator fees in
accordance with AAA rules. The award rendered
by the arbitrator shall include costs of
arbitration, reasonable attorneys’ fees and
reasonable costs for expert and other
witnesses, and any judgment on the award
rendered by the arbitrator may be entered in
any court of competent jurisdiction. This
arbitration agreement survives the termination
of this Agreement between you and
Clored.
Waivers of Class Action and Trial by Jury. You and Clored both waive any right to
participate in any class action involving
disputes between us, and you and Clored are
each waiving the right to a trial by jury. All
claims must be brought in the parties’
individual capacity, and not as a plaintiff or
class member in any purported class or
representative proceeding, and, unless we
agree otherwise, the arbitrator may not
consolidate more than one person’s claims.
This class action waiver is an essential part
of our arbitration agreement and may not be
severed. If for any reason this class action
waiver is found unenforceable, then the entire
arbitration agreement will not apply. However,
the waiver of the right to trial by jury set
forth in this Section will remain in full
force and effect.
Other Remedies.
Notwithstanding the foregoing, either party
may bring an individual action in small claims
court. Nothing in this Section precludes you
from bringing issues to the attention of
federal, state or local agencies. Nothing in
this Section shall prevent either party from
seeking injunctive or other equitable relief
from the courts for matters related to data
security, intellectual property or
unauthorized access to the Service.
Time Limitations.
YOU AND Clored AGREE THAT ANY CAUSE OF ACTION
ARISING OUT OF OR RELATED TO THE SERVICE OR
THIS AGREEMENT MUST COMMENCE WITHIN ONE (1)
YEAR AFTER THE CAUSE OF ACTION ACCRUES.
OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY
BARRED.
Eligibility of Users
18 or Older. The Service is a general audience service and
is not intended for users under 18 years of
age. We require that only persons 18 years of
age or older, or the age of majority in your
jurisdiction, use any of the Service. By using
the Service, you hereby represent that you are
at least 18 years old or the age of majority
in your jurisdiction.
Children Under 13.
To view information on our policy regarding
the privacy of children under the age of 13,
please see the Privacy Policy. Parental
control protections (such as computer
hardware, software or filtering services) are
commercially available that may assist you in
limiting access to material that may be
considered harmful to minors.
Notice for California Users
Under California Civil Code Section 1789.3, California users of the online services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
Users From Other Jurisdictions
By accessing or using the Service, or submitting information, you acknowledge that you accept the practices and policies outlined in this Agreement and consent to having your data transferred to and processed in the United States. If you do not agree to the terms of this Agreement, please do not use the Service. The Service is controlled and operated by Clored from the United States. We do not represent or warrant that the Service, or any part thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access the Service, do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. You also are subject to United States export controls in connection with your use of the Service and are responsible for any violations of such controls, including, without limitation, any United States embargoes or other federal rules and regulations restricting exports. We may limit the availability of the Service, in whole or in part, to any person, geographic area or jurisdiction that we choose, at any time and in our sole discretion.
General
This Agreement shall be governed by the internal substantive laws of the State of Texas, without respect to its conflict of laws principles. This Agreement, including, without limitation, these Terms of Service, together with the Privacy Policy and any other legal notices published by us on the Service, shall constitute the entire agreement between you and Clored concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Clored’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. We reserve the right to amend this Agreement, including, without limitation, these Terms of Service and the Privacy Policy, at any time and without notice, and it is your responsibility to review this Agreement, including, without limitation, these Terms of Service and the Privacy Policy for any changes. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Clored without restriction. Your use of the Service following any amendment of this Agreement will signify your assent to and acceptance of its revised terms.
Contact Information
If you have any questions, feedback or to
report a violation regarding these Terms of
Service, you may email us at
contact@clored.app or contact us by mail
addressed to:
Clored10 Woodland Ave
Budd Lake, NJ
07828