PLEASE READ THE
FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR WEBSITE
(THE "SITE") OR OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS AND
CONDITIONS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE
RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE
TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT
EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS
OR USE OUR SITE OR OUR SERVICES.
The present terms and conditions (this "Agreement" or "Terms") is a legal agreement between you and Christopher J Hiltabidel DBA Jasmyn Mobile Studios (hereinafter " JMS"), located at 4745 9 Mile Rd, Burlington, Michigan 49029. This Agreement annuls and voids all previous agreements.
OVERVIEW
The Site (create-n-color.com) is operated by JMS. Throughout the Site, the terms "we", "us" and "our" refer to JMS. JMS offers this Site, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our Site and/or using our app 'Create-N-Color: Coloring Book - Coloring Page Maker', you engage in our "Service" and agree to be bound by the following terms and conditions. These Terms apply to all users of the Site and app 'Create-N-Color: Coloring Book - Coloring Page Maker', including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
In the event of an inconsistency between this Agreement and any additional terms or policies referenced herein, the provisions of the additional terms or policies shall control.
Please read these Terms carefully before accessing or using our Site or app 'Create-N-Color: Coloring Book - Coloring Page Maker'. By accessing or using any part of the Site or app 'Create-N-Color: Coloring Book - Coloring Page Maker', you agree to be bound by these Terms. If you do not agree to all the Terms of this Agreement, then you may not access the Site or use our app 'Create-N-Color: Coloring Book - Coloring Page Maker'. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Any new features or tools which are added to the Site or app 'Create-N-Color: Coloring Book - Coloring Page Maker' shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - GENERAL TERMS
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site.
You may not use our Site or app 'Create-N-Color: Coloring Book - Coloring Page Maker' for any illegal or unauthorized purpose nor may you, in the use of our app 'Create-N-Color: Coloring Book - Coloring Page Maker' or Site, violate any laws in your jurisdiction.
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your right to use our Site and app 'Create-N-Color: Coloring Book - Coloring Page maker'.
We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:
1. Restrict, suspend or terminate your access to all or any part of our Site and or app 'Create-N-Color: Coloring Book - Coloring Page Maker'
2. Change, suspend or discontinue all or any part of our app 'Create-N-Color: Coloring Book - Coloring Page Maker' or Site
3. Refuse, move, or remove any content that is available on all or any part of our Site and or app 'Create-N-Color: Coloring Book - Coloring Page Maker'
4. Establish general practices and limits concerning use of our Site and or app 'Create-N-Color: Coloring Book - Coloring page maker'.
You agree that we will not be liable to you or any third party for taking any of these actions.
You understand and agree that our Site and or our app 'Create-N-Color: Coloring Book - Coloring Page Maker' may include communications such as service announcements and administrative or legal notices from us. Please note that you cannot opt out of receiving these notices.
You may not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
JMS content is not for resale. Use of the Site does not entitle users to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content.
You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of JMS and the copyright owner. You agree that you do not acquire any ownership rights in any protected content.
We do not grant you any licenses, express or implied, to the intellectual property of JMS or our licensors except as expressly authorized by these Terms.
SECTION 2 - CONDUCT
As a user of the Site and or app 'Create-N-Color: Coloring Book - Coloring Page Maker', you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of the JMS Services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by JMS.
SECTION 3 - COMMERCIAL REUSE OF SERVICES
As a user of the Site and or app 'Create-N-Color: Coloring Book - Coloring Page Maker' you agree not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to JMS Site or app 'Create-N-Color: Coloring Book - Coloring Page Maker'.
As a user of our app 'Create-N-Color: Coloring Book - Coloring Page Maker' you agree that all created content is for personal use only and can not be used for comercial purposes of any kind.
As a user of our app 'Create-N-Color: Coloring Book - Coloring Page Maker' you also agree that any content publicly available for personal use found on the internet and used within our app will only be used in accordance with the authors terms of service and copyright limitations. Furthermore by using our app 'Create-N-Color: Coloring Book - Coloring Page Maker' you agree to insure and hold Jasmyn Mobile Studios, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand that arises from any violation of said content copyright violations.
SECTION 4 - WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF JASMYN MOBILE STUDIOS SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. JASMYN MOBILE STUDIOS AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b) JASMYN MOBILE STUDIOS AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) JASMYN MOBILE STUDIOS SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) JASMYN MOBILE STUDIOS SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE JASMYN MOBILE STUDIOS SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF JASMYN MOBILE STUDIOS SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM JASMYN MOBILE STUDIOS OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
SECTION 5 - LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT JASMYN MOBILE STUDIOS AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
a) THE USE OR INABILITY TO USE OUR SERVICE;
b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
SECTION 6 - INTELLECTUAL PROPERTY RIGHTS
You herein acknowledge, understand and agree that all of the Jasmyn Mobile Studiostrademarks, copyright, trade name, service marks, and other Jasmyn Mobile Studioslogos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Jasmyn Mobile Studios. You herein agree not to display and/or use in any manner the Jasmyn Mobile Studioslogo or marks without obtaining Jasmyn Mobile Studios's prior written consent.
Jasmyn Mobile Studios will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, Jasmyn Mobile Studios may disable and/or terminate the accounts of any user who violates our Terms and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:
a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
b) A description of the copyrighted work or other intellectual property that you believe has been infringed upon.
c) A description of the location of the site which you allege has been infringing upon your work;
d) Your physical address, telephone number, and email address;
e) A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner's behalf.
The Jasmyn Mobile Studios agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:
Mailing Address:
Jasmyn Mobile Studios
Attn: Copyright Agent
1881 9 Mile Rd
Union City, Michigan 49094
Email Address: christopherjhiltabidel@gmail.com
SECTION 7 - VIOLATIONS
Please report any and all violations of this Agreement to Jasmyn Mobile Studios as follows:
Jasmyn Mobile Studios
1881 9 Mile Rd
Union City, Michigan 49094
Email Address: christopherjhiltabidel@gmail.com
SECTION 8 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site or on any related Site is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on the Site or on any related Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site or on any related Site, should be taken to indicate that all information on the Site or on any related Site has been modified or updated.
SECTION 9 - PRIVACY POLICY
Every users personal information and usage data are strictly protected by the Jasmyn Mobile Studios Online Privacy Policy (see the full Privacy Policy at https://create-n-color.com/privacypolicy.html). As a user, you herein consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing or use by Jasmyn Mobile Studios and/or our subsidiaries and affiliates.
