terms of use, rules, regulations and disclaimers

Last Modified: November 1, 2016

For zenColor World Wide Web Site

zenColor Corporation, its subsidiaries and affiliates (“zenColor”) requires that all the visitors to our site(s) on the World Wide Web (the “Site”) adhere to the following rules and regulations. By accessing the Site you indicate your acknowledgment and acceptance of these terms and conditions.

1. LAWS AND REGULATIONS

User access to and use of the Site is subject to all applicable international, federal, state and local laws and regulations.

2. COPYRIGHT/TRADEMARKS

The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of zenColor and other parties. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of zenColor or such third party which may own the Marks. All information and content including any software programs available on or through the Site (“Content”) is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.

3. HYPERLINKING

THIS SITE MAY PROVIDE A LINK TO OTHER SITES BY ALLOWING THE USER TO LEAVE THIS SITE TO ACCESS THIRD-PARTY MATERIAL OR BY BRINGING THE THIRD-PARTY MATERIAL INTO THIS SITE VIA “INVERSE” HYPERLINKS AND FRAMING TECHNOLOGY (A “LINKED SITE”). ZENCOLOR HAS NO DISCRETION TO ALTER, UPDATE, OR CONTROL THE CONTENT ON A LINKED SITE. THE FACT THAT ZENCOLOR HAS PROVIDED A LINK TO A SITE IS NOT AN ENDORSEMENT, AUTHORIZATION, SPONSORSHIP, OR AFFILIATION WITH RESPECT TO SUCH SITE, ITS OWNERS, OR ITS PROVIDERS. THERE ARE INHERENT RISKS IN RELYING UPON USING, OR RETRIEVING ANY INFORMATION FOUND ON THE INTERNET, AND ZENCOLOR URGES YOU TO MAKE SURE YOU UNDERSTAND THESE RISKS BEFORE RELYING UPON, USING, OR RETRIEVING ANY SUCH INFORMATION ON A LINKED SITE.

4. NO WARRANTIES

ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED (A “LINKED SITE”) ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY.

ZENCOLOR DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE BY ANY PARTY OTHER THAN ZENCOLOR, (B) ANY CONTENT PROVIDED ON LINKED SITES OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE.

OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL ZENCOLOR BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR USER’S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.

5. LIMITATION OF LIABILITY FOR USE OF THE SITE AND LINKED SITES

THE INFORMATION, SOFTWARE, PRODUCTS AND DESCRIPTIONS OF SERVICES PUBLISHED ON THE SITE OR A LINKED SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND ZENCOLOR SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS. ZENCOLOR DOES NOT WARRANT OR REPRESENT THAT THE CONTENT ON THE SITE IS COMPLETE OR UP-TO-DATE. ZENCOLOR IS UNDER NO OBLIGATION TO UPDATE ANY CONTENT ON THE SITE. ZENCOLOR MAY CHANGE THE CONTENT ON THE SITE AT ANY TIME WITHOUT NOTICE. ZENCOLOR MAY MAKE IMPROVEMENTS OR CHANGES TO THE SITE AT ANY TIME.

YOU AGREE THAT ZENCOLOR, ITS AFFILIATES AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR A LINKED SITE, OR WITH THE DELAY OR INABILITY TO USE THE SITE OR A LINKED SITE, EVEN IF ZENCOLOR IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER’S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (e.g., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. ZENCOLOR CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEB SITE.

6. CONFIDENTIALITY OF USER COMMUNICATIONS

Except as required by law and in accordance with the zenColor Internet Privacy Policy (view zenColor Privacy Policy Statement)  zenColor will maintain the confidentiality of all user communications which contain personal user information and which are transmitted directly to zenColor. Postings by a user on any message board or in any chat room will not be protected as confidential and zenColor may use and provide information contained in any such postings (including any ideas, concepts, know-how or other intellectual property) to any of its parent company, subsidiaries and affiliates for any purpose whatsoever and as deemed appropriate by zenColor.

User should be aware that Linked Sites may contain confidentiality provisions that differ from the provisions provided herein. zenColor is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.

7. YOUR CONTACT WITH ADVERTISERS

Your dealings or correspondence with, or participation in promotions of, advertisers found on or through the Site (including, without limitation, payment and delivery of related products or services, and any other terms, conditions, representations or warranties associated with such dealings or correspondence) are solely between you and such advertisers. zenColor makes no representations or warranties with respect to any advertising content of, or any products or services that may be obtained from, such advertisers. You agree that zenColor will not be responsible or liable with respect to any loss or damage of any kind incurred as a result of: (a) any such dealings or correspondence between you and such advertisers, (b) content, products or services of such advertisers, or (c) the presence of such advertisers on the Site.

8. LINKED INTERNET SITES

zenColor prohibits caching, unauthorized hypertext links to the Site and the framing of any Content available through the Site. zenColor reserves the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the Content available on any other Internet sites linked to the Site. Access to any other Internet sites linked to the Site is at the user’s own risk.

User should be aware that Linked Sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that differ from the provisions provided on the Site. zenColor is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.

9. PRESS RELEASES

All press releases and other materials presented or released to the financial community that are contained on the Site were, to the best of zenColor’ knowledge, timely and accurate when issued. However, the passage of time can render information stale, and you should not rely on the continued accuracy of any such material beyond the date of issuance. zenColor has no responsibility to update any information contained in any such material. All viewers should carefully check the dates of issuance of the material contained in the Site.

10. POSTINGS

[For use in connection with message boards or chat rooms on the Site.] zenColor is under no obligation to review any messages, information or content (“Postings”) posted on the Site by users and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, zenColor may from time to time monitor the Postings on the Site and may decline to accept and/or remove any Postings that contain:

  • Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.
  • Advertisements or solicitations of any kind. [Note – This is not applicable for those Sites with message boards containing classified advertisements.]
  • Personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references.
  • Messages by non-spokesperson employees of zenColor purporting to speak on behalf of zenColor or containing confidential information or expressing opinions concerning zenColor.
  • Messages that offer unauthorized downloads of any copyrighted or private information.
  • Multiple messages placed within individual folders by the same user restating the same point.
  • Chain letters of any kind.

11. TRANSMISSION OF PERSONAL DATA

[For use in connection with Sites through which proprietary Customer account data may be transmitted.] User acknowledges and agrees that by providing zenColor with any personal or proprietary user information through the Site, user consents to the transmission of such personal or proprietary user information over international borders as necessary for processing in accordance with zenColor’ standard business practices.

User should be aware that Linked Sites may contain transmission of personal data provisions that differ from the provisions provided herein. zenColor is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.

View zenColor Privacy Policy Statement

12. CHANGES TO RULES AND REGULATIONS

zenColor reserves the right to revise these Rules and Regulations at any time and users are deemed to be apprised of and bound by any changes to these Rules and Regulations. zenColor will indicate that changes to these Rules and Regulations have been made by updating the date indicated after “Last Modified” at the end of these Rules and Regulations.

13. VIOLATIONS OF RULES AND REGULATIONS

zenColor reserves the right to seek all remedies available at law and in equity for violations of these Rules and Regulations, including the right to block access from a particular Internet address to the Site.

14. ACCESS TO PASSWORD PROTECTED/SECURE AREAS

Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.

15. USE OF “COOKIE” FILE FEATURES

zenColor reserves the right to store information on a user’s computer in the form of a “cookie” or similar file for purposes of modifying the Site to reflect users’ preferences. The zenColor Internet Privacy Statement provides additional information regarding zenColor’ use of cookies as well as procedures for disabling cookies.

View zenColor Privacy Policy Statement, “about Cookies.”

16. DIGITAL MILLENNIUM COPYRIGHT ACT – NOTIFICATION TO ZENCOLOR REGARDING ALLEGED COPYRIGHT INFRINGEMENT

zenColor has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the “Act”) and avails itself of the protections under the Act. zenColor reserves the right to remove any Content on the Site which allegedly infringes another person’s copyright. Notices to zenColor regarding any alleged copyright infringement on the Site should be directed to zenColor Trademark Counsel’s Office Attn.: Technology Counsel at [email protected]

17. JURISDICTION/GOVERNING LAW

[For United States based sites only] Users of this Site agree to submit to the laws of the State of Florida, USA and applicable federal law without regard to conflicts of laws principles.

18. NOTIFICATION TO ZENCOLOR REGARDING SALES OVER THE INTERNET OF ILLEGITIMATE PRODUCTS

Merchants must not accept sales of products over the Internet that would constitute a violation of copyright or trademark laws applicable to the merchant (such copyright-infringing or counterfeit trademark products, collectively, “Illegitimate Products”).

You may notify zenColor regarding sales by merchants of alleged Illegitimate Products by sending an email to [email protected].

Trademarks and Service Marks

Trademarks and Service Marks

The following are trademarks and service marks of zenColor Corporation, its subsidiaries and/or affiliates that may appear on zenColor Web sites. This is not a comprehensive list.

ZENCOLOR™, ZCC®, zenColorCode® reference system, zenColor CIRCLE C®, and ZCC® universal digital system, Color Library, and other zenColor trademarks and copyrights are the property of zenColor Corporation in the United States and/or other countries.

Patents

The following are U.S. patents that zenColor Corporation, its subsidiaries or/or affiliates own or hold a license to, which relate to products or services that may appear on zenColor Web sites. This is not a comprehensive list.

US 8,600,153
US 9,047,633
US 9,087,357
US 9,348,844
US 9,436,704
US 9,607,404

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