ColorNet Application Portal
Terms & Conditions of Use
Welcome to the ColorNet Application Portal ("this portal"),
a service of ColorNet Inc. (either "we" or "us"). These Terms & Conditions
govern your usage of this portal.
By using or signing up to use this portal, you signify that you agree to these
Terms & Conditions of Use, and you agree to receive notices
and terms from us electronically. If you do not agree, then do not use this
We may change these Terms & Conditions of Use at any time.
You can review the most current version of these terms by clicking on the
"Terms & Conditions of Use" hypertext link located at the bottom of our
the public homepage, located at
If we make changes, you are bound by the new terms if you continue to use this
This portal is intended for general audiences. You do not need to sign up to
visit this portal; however, you will need to register if you want to
participate on the site, such as to post comments or personalize settings.
If you sign up to use this portal, you agree to provide us with current and
true information, and you must be legally competent to enter into contracts.
You also agree to keep your registration information up to date.
3. Additional Terms.
This portal may offer features and sites where you can upload or download
files. You agree that these features may be subject to supplemental rules that
will be binding.
4. Electronic Delivery Policy and Your Consent.
You authorize us to provide you with required notices, agreements and
information concerning this portal electronically. We will provide you our
notices either by sending them to the e-mail address that you give to us or by
posting the notices on the public home page of this portal, or on the relevant
web page of the applicable service. If you want to withdraw your consent to
receive notices electronically, you must discontinue your use of this portal.
We may collect information about your perferences and use of this portal, for
the purposes of personalization, to provide targeted content, and for support
and management, as we deem necessary and at our discretion. This may involve
depositing cookies on your computer. If you reject cookies from this portal,
this portal may cease to function correctly, and you should discontinue its
use immediately. We may also store information about your preferences and use
of this portal in electronic databases, although we will not knowingly and
willingly make that information available to any third parties in a manner that
is directly attributed to your identity -- such as by including it with your
name or e-mail address -- without your prior consent.
We do reserve the right to make available any usage or personalized
information which is not directly attributed to you, or any other individual
user, to any other third party. If this policy, in whole or in part, is in any
way in a violation of local laws, you agree to discontinue use of this portal
6. Changes to this Portal.
We may discontinue, in whole or in part, any service or feature on this portal,
at any time and without notice.
7. Access Costs.
You must provide, at your own expense, the equipment and Internet connections
that you will need to access and use this portal. If you access this portal
through a telephone line, please call your local phone company to determine if
the access numbers you select are subject to long distance or other toll
charges at your location. Also, wireless, data or text messaging charges apply
if you access this portal through wireless applications (e.g., cell phones).
Check with your carrier to verify whether there are any such fees that may
apply to you.
8. Your Responsibilities.
You may use this portal for lawful purposes only. You may not submit, offer
links from, or transmit through this portal, any material, or otherwise engage
in any conduct that:
- violates or infringes the rights of others including, without limitation,
patent, trademark, trade secret, copyright, publicity or other proprietary
- is unlawful, threatening, abusive, harassing, defamatory, libelous,
deceptive, fraudulent, obscene, pornographic, invasive of another's privacy,
tortious, or contains explicit or graphic descriptions, or accounts of,
- victimizes, harasses, degrades, or intimidates an individual or group of
individuals on the basis of religion, gender, sexual orientation, race,
ethnicity, age, or disability;
- impersonates any person, business or entity, including our employees and
- contains viruses or any other computer code, files or programs that
interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment, or otherwise permit the
unauthorized use of a computer or computer network;
- encourages conduct that would constitute a criminal offense, or that gives
rise to civil liability;
- offers, promotes or encourages betting or wagering prohibited by law;
- violates these Terms & Conditions of Use, guidelines, or any policy
posted on this portal, or interferes with the use of this portal by others.
You may not use this portal in a way that could damage or impair our servers
or networks. You may not interfere with any other party's use and enjoyment of
this portal. You may not attempt to gain unauthorized access to our services,
user accounts, computer systems or networks. We may take any legal and
technical remedies to prevent the violation of these Terms & Conditions
9. No Spam.
You may not use this portal, or any of our communication tools, to transmit,
directly or indirectly, any unsolicited bulk communications (including e-mails
and instant messages). You may not harvest information about our users for the
purpose of sending, or to facilitate the sending, of unsolicited bulk
communications. You may not induce or allow others to use this portal to
violate the terms of this section. We may terminate your access to or use of
this portal immediately -- and take any other legal action -- if you, or
anyone using your access to this portal violates these provisions. We may take
any technical remedies to prevent unsolicited bulk communications from
entering, utilizing, or remaining within our computer or communications
10. Proprietary Rights.
We, our suppliers, and our users who lawfully post text, messages,
information, software, images, audio and video ("Content") on this portal
own the property rights to that Content. The Content is protected by
international treaties, and by copyright, trademark, patent, and trade secret
laws and other proprietary rights.
11. License To Use This Portal.
You may use This Portal and the Content offered on This Portal only for
personal, non-commercial purposes. You may use Content offered for
downloading, such as photos and music, for personal use only and subject to
the rules that accompany that particular Content. You may not use the Content
in a manner that exceeds the rights granted for your use of the Content.
You may not use any data mining, robots, or similar data gathering and
extraction tools on the Content, frame any portion of This Portal or Content,
or reproduce, reprint, copy, store, publicly display, broadcast, transmit,
modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or
otherwise distribute the Content without our prior written consent. You may
not circumvent any mechanisms included in the Content for preventing the
unauthorized reproduction or distribution of the Content.
12. Content You Post To Public Areas.
Certain areas of this portal may allow you to post Content that can be
accessed and viewed by others, including the public in general. You may only
post Content to public areas on this portal that you created or that you have
permission to post. You may not post Content that violates these Terms &
Conditions of Use. We do not claim ownership of any Content that you may post.
However, by submitting Content to public areas of this portal, you grant us,
our owners, affiliates, and distributors the right to use, copy, display,
perform, distribute, adapt and promote this Content in any medium.
13. No Duty To Monitor.
You agree that we are not liable for Content that is provided by others. We
have no duty to pre-screen Content, but we have the right to refuse to post or
to edit submitted Content. We reserve the right to remove Content for any
reason, but we are not responsible for any failure or delay in removing such
14. Making Claims Of Copyright Infringement.
We respect the intellectual property of others. If you believe that your work
has been copied and is accessible on this portal in a way that constitutes
copyright infringement, please contact us immediately to report possible
copyright infringement so that we may take appropriate action as required
by applicable copyright law.
15. Third Party Sites; Advertisers.
This portal may include links to third party websites, including links
provided as automated search results. Some of these sites may contain materials
that are objectionable, unlawful, or inaccurate. These links do not mean that
we endorse these third party sites or services. We are not responsible or
liable for any Content or other materials on these third party sites. Any
dealings that you have with advertisers found on this portal are between you
and the advertiser, and you acknowledge and agree that we are not liable for
any loss or claim you may have against an advertiser.
16. Use Of Software.
We may make software available for you to download or use. Such software will
be subject to the terms of the license agreement that accompanies it. If there
is no license agreement presented to you with the software, then the following
license, in addition to these other Terms & Conditions of Use,
govern your use
of such software. We grant you a personal, non-exclusive, non-transferable,
limited license to install the software on any single computer. The software
is protected by copyright and other intellectual property laws and treaties
and is owned by us or our suppliers. You may not sell or redistribute the
software. You may not incorporate it or any portion of it into another product.
You may not reverse engineer, decompile, or disassemble the software or
otherwise attempt to derive the source code (except where expressly permitted
by law). You may not modify, adapt, or create derivative works from the
software in any way or remove proprietary notices in the software. You agree
to abide by all laws and regulations in effect regarding your use of the
software. You may not authorize or assist any third party to do any of the
things prohibited in this paragraph.
We may automatically check your version of the software and update it to
improve its performance and capabilities. If you shut down the software
during an automatic update or otherwise interfere with the installation of the
update, the software may be damaged and/or cease to operate.
You agree to fully comply with all import and export laws, regulations, rules
and orders of the United States, or any foreign government agency or
authority, and that you will not directly or indirectly export, re-export,
transfer and/or release the software, related technology, or any product
thereof, for any proscribed end-use, or to any proscribed country, entity or
person (wherever located), without proper authorization from the U.S. and/or
foreign government. You bear responsibility for and assume all expenses
relating to your compliance with the described laws, regulations, rules and
orders, and for obtaining all necessary authorizations and clearances. You
further agree to assume responsibility for and bear all expenses relating to
your compliance with the described laws, regulations, rules and orders, and
obtaining all necessary authorizations and clearances.
17. Disclaimer Of Warranties.
We provide this portal "as is, with all faults" and "as available."
We and our suppliers make no express warranties or guarantees about
this portal. To the Extent Permitted by Law, We and Our Suppliers Disclaim
Implied Warranties That We and All Software, Content and Services Distributed
Through This Portal Are Merchantable, of Satisfactory Quality, Accurate,
Timely, Fit for a Particular Purpose or Need, or Non-Infringing. We Do Not
Guarantee That This Portal Will Meet Your Requirements, Is Error-Free,
Reliable, Without Interruption or Available at All Times. We Do Not Guarantee
That the Results That May Be Obtained from the Use of This Portal, Including
Any Support Services, Will Be Effective, Reliable, Accurate or Meet Your
Requirements. We Do Not Guarantee That You Will Be Able to Access or Use
This Portal (Either Directly or Through Third-Party Networks) at Times or
Locations of Your Choosing. No Oral or Written Information or Advice Given by
Any of Our Representatives Shall Create a Warranty. You may have additional
consumer rights under your local laws that this contract cannot change.
18. Limitation of Liability.
Your Exclusive Remedy Regarding Any Software Provided by Us Shall Be the
Replacement of Any Such Software Found to Be Defective. Your Sole and
Exclusive Remedy for Any Other Dispute With Us Is to Discontinue Your Use of
This Portal. In No Event Shall Our Liability, or the Liability of Our Owners
and Our Suppliers for Any and All Claims Relating to the Use of This Portal
Exceed the Total Amount of Service Fees That You Paid Us During a One-Year
Period for the Specific Service at Issue.
We, Our Owers, and Our Suppliers Shall Not Be Liable for Any Indirect,
Special, Incidental, Consequential or Exemplary Damages Arising from Your Use
of, Inability to Use, or Reliance Upon This Portal. These Exclusions Apply to
Any Claims for Lost Profits, Lost Data, Loss of Goodwill, Work Stoppage,
Computer Failure or Malfunction, or Any Other Commercial Damages or Losses,
Even if We Knew or Should Have Known of the Possibility of Such Damages.
Because Some States or Jurisdictions Do Not Allow the Exclusion or the
Limitation of Liability for Consequential or Incidental Damages, in Such
States or Jurisdictions, Our Liability, and the Liability of Our Owners and
Suppliers, Shall Be Limited to the Extent Permitted by Law.
Upon a request by us, you agree to defend, indemnify, and hold harmless us,
and all owners and operators of this site, and other affiliated companies,
and our respective employees, contractors, officers, directors, and agents
from all liabilities, claims, and expenses, including attorney's fees that
arise from your use or misuse of this portal. We reserve the right, at our own
expense, to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you, in which event you will cooperate with us
in asserting any available defenses.
20. International Use.
We make no representation that Content on this portal is appropriate or
available for use in locations outside the United States, and accessing it
from territories where the Content is illegal is prohibited. If you choose to
access this portal from a location outside the U.S., you do so on your own
initiative, and you are responsible for compliance with local laws.
Please Note That by Agreeing to These Terms & Conditions of Use, You Are:
(1) Waiving Claims That You Might Otherwise Have Against Us Based on the Laws
of Other Jurisdictions, Including Your Own; (2) Irrevocably Consenting to the
Exclusive Jurisdiction of, and Venue in, State or Federal Courts in the
State of New York over Any Disputes or Claims You Have With Us; and
(3) Submitting Yourself to the Personal Jurisdiction of Courts Located in the
State of New York for the Purpose of Resolving Any Such Disputes or Claims.
We reserve the right to terminate your access to this portal at any time.
We will automatically terminate your access if you violate these
Terms & Conditions of Use,
or any rules or guidelines posted in connection with this portal. We also
reserve the right, in our sole discretion, to terminate your access to this
portal, in all or in part, for any reason, with or without notice.