GENERAL TERMS OF USE

Last updated  November 10, 2023. 

These General Terms of Use (“General Terms”), along with any applicable Additional Terms (see section 1.2 below) and the Subscription and Cancellation terms (collectively “Terms”) govern your use of our website, customer support, and services (collectively “Services”) and software that we include as part of the Services, as well as any applications, Sample Files and Content Files (defined below), scripts, source code, instruction sets, and related documentation (collectively “Software”). If you have entered into another agreement with us concerning specific Services or Software, then the terms of that agreement control where it conflicts with the Terms. As discussed more in section 4 below, you retain all rights and ownership you have in your Content (defined below).

You must be 13 or older to license a zenColor® application or to create an account. Schools that participate in the educational program offering may issue a child under 13 access to a zenColor® application, but only after obtaining express parental consent.

1.  YOUR AGREEMENT WITH ZENCOLOR.

1.1. Your relationship is with zenColor® Company LLC., a Delaware company,  based in the United States.  The Terms are governed by the laws of the State of Florida.

1.2.  Additional Terms. Our Services and Software are licensed, not sold, to you, and may also be subject to one or more of the additional terms below (“Additional Terms”). If there is any conflict between the terms in the General Terms and the Additional Terms, then the Additional Terms govern in relation to that Service or Software. The Additional Terms are subject to change.

2.  PRIVACY

2.1. Privacy. For information about how we collect, use, share or otherwise process information about you, please view our Privacy Policy.

2.2. Desktop and Mobile Application Usage Information. You have the option to share information with us about how you use our desktop and mobile applications. Where permitted by law, this option is turned on by default, and the information is associated with your zenColorConnect account. This information allows us to provide you with a more personalized

experience and helps us to improve product quality and features. You can change your preference any time on your Manage Your Account page. To learn more about desktop application usage data, go to zenColorConnect Desktop or Mobile FAQs.

2.3. Our Access to Your Content. Where permitted by law, we will only access, view, or listen to your Content (defined in section 4.1 below) in limited ways. For example, in order to perform the Services, we may need to access, view, or listen to your Content to (a) respond to support requests; (b) detect, prevent, or otherwise address fraud, security, unlawful, or technical issues; and (c) enforce the Terms.

3.  USE OF SERVICES AND SOFTWARE

3.1. License. Subject to your compliance with the Terms and the law, you may access and use the Services and Software.

3.2. zenColor® Intellectual Property. We (and our licensors) remain the sole owner of all right, title, and interest in the Services or Software. Except as stated in the Terms, we do not grant you any rights to patents, copyrights, trade secrets, trademarks, or any other rights in respect to the items in the Services or Software. We reserve all rights not granted under the Terms.

3.3. Content Files. “Content Files” means zenColor® assets provided as part of the Services and Software. Unless documentation or specific licenses state otherwise, we grant you a personal, non-exclusive, non-sublicensable, and non-transferable license to use the Content Files to create your end use (i.e., the derivative application or product authored by you) into which the Content Files, or derivations thereof, are embedded for your use (“End Use”). You may modify the Content Files prior to embedding them in the End Use. You may reproduce and distribute Content Files only in connection with your End Use, however, under no circumstances can you distribute the Content Files on a stand-alone basis, outside of the End Use.

3.4. Other License Types.

(a) NFR Version. We may designate the Services or Software as “trial,” “evaluation,” “not for resale,” or other similar designation (“NFR Version”). You may install and use the NFR Version only for the period and purposes stated when we provide the NFR Version. You must not use any materials you produce with the NFR Version for any commercial purposes.

(b) Prerelease Version. We may designate the Services or Software, or a feature of the Services or Software, as a prerelease or beta version (“Prerelease Version”). A Prerelease Version does not represent the final product and may contain bugs that may cause system or other failure and data loss. We may choose not to commercially release the Prerelease Version. You must promptly cease using the Prerelease Version and destroy all copies of Prerelease Version if we request you to do so, or if we release a commercial version of the Prerelease Version. Any separate agreement we enter into with you governing the Prerelease Version will supersede these provisions.

(c) Education Version. If we designate the Services or Software as for use by educational users (“Educational Version”), then you may only use the Educational Version if you meet the eligibility requirements. You may install and use the Educational Version only in the country where you are qualified as an educational user.

4.  YOUR CONTENT

4.1. Content. “Content” means any material, such as audio files, video files, electronic documents, or images, that you upload and import into the Services or Software in connection with your use of the Services.

4.2. Ownership. You retain all rights and ownership of your Content. We do not claim any ownership rights to your Content.

4.3. Licenses to Your Content in Order to Operate the Services and Software. We require certain licenses from you to your Content in order to operate and enable the Services and Software. When you upload Content to the Services and Software, you grant us a nonexclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, publicly display, distribute, modify (so as to better showcase your Content, for example), publicly perform, and translate the Content as needed in response to user driven actions (such as when you choose to privately store or share your Content with others). This license is only for the purpose of operating or improving the Services and Software.

4.4. SHARING YOUR CONTENT.

(a) Sharing. Some Services and Software may provide features that allow you to Share your Content with other users or to make it public. “Share” means to email, post, transmit, upload, or otherwise make available (whether to us or other users) through your use of the Services and Software. Other users may use, copy, modify, or re-share your Content in many ways. Please carefully consider what you choose to Share or make public as you are responsible for the Content that you Share.

(b) Level of Access. We do not monitor or control what others do with your Content. You are responsible for determining the limitations that are placed on your Content and for applying the appropriate level of access to your Content. If you do not choose the access level to apply to your Content, the system may default to its most permissive setting. It is your responsibility to let other users know how your Content may be shared and to adjust the setting related to accessing or sharing your Content.

(c) Comments. The Services and Software may allow you to comment on Content. Comments are not anonymous and may be viewed by other users. Your comments may be deleted by you, other users, or us.

3.5. Termination of License. You may revoke this license to your Content and terminate our rights at any time by removing your Content from the Service. Some copies of your Content may be retained as part of our routine backups, however.

3.6. Feedback. You have no obligation to provide us with ideas, suggestions, or proposals (“Feedback”). If you submit Feedback to us however, then you grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to make, use, sell, have made, offer to sell, import, reproduce, publicly display, distribute, modify, and publicly perform the Feedback.

5. ACCOUNT INFORMATION

You are responsible for all activity that occurs via your account. Please notify Customer Support immediately if you become aware of any unauthorized use of your account. You may not (a) Share your account information (except with an authorized account administrator); or (b) use another person’s account. Your account administrator may use your account information to manage your use and access to the Services and Software.

6. USER CONDUCT

6.1. Responsible Use. The zenColor® communities often consist of users who expect a certain degree of courtesy and professionalism. You must use the Services and Software responsibly.

6.2. Misuse. You must not misuse the Services or Software. For example, you must not:

(a) copy, modify, host, stream, sublicense, or resell the Services or Software;

(b) enable or allow others to use the Services or Software using your account information;

(c) use the Software to construct any kind of database;

(d) access or attempt to access the Services or Software by any means other than the interface we provide or authorize;

(e) circumvent any access or use restrictions put into place to prevent certain uses of the Services or Software;

(f) share Content, or engage in behavior that violates anyone’s intellectual property rights (“Intellectual Property Rights” means copyright, moral rights, trademark, trade dress, patent, trade secret, unfair competition, right of privacy, right of publicity, and any other proprietary rights);

(g) upload or share any Content that is unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, lewd, profane, invasive of another’s privacy, or hateful;

(h) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(i) attempt to disable, impair, or destroy the Services and Software;

(j) upload, transmit, store, or make available any Content or code that contains any viruses, malicious code, malware, or any components designed to harm or limit the functionality of the Services or Software;

(k) disrupt, interfere with, or inhibit any other user from using the Services or Software (such as stalking, intimidating, or harassing others, inciting others to commit violence, or harming minors in any way);

(l) engage in chain letters, junk mails, pyramid schemes, phishing, spamming, or other unsolicited messages;

(m) place an advertisement of any products or services in the Services except with our prior written approval;

(n) use any data mining or similar data gathering and extraction methods in connection with the Services; or

(o) violate applicable law (including, but not limited to, where applicable, COPPA).

7.  FEES AND PAYMENTS

7.1. Taxes and Third-Party Fees. You must pay any applicable taxes and third-party fees (including, for example, telephone toll charges, mobile carrier fees, ISP charges, data plan charges, credit card fees, foreign exchange fees, and foreign transaction fees). We are not responsible for these fees. Contact your financial institution with questions about fees. We may take steps to collect the fees you owe us. You are responsible for all related collection costs and expenses. If you are located in a different country from the applicable zenColor® entity that you are transacting with, your payments will be made to a foreign entity.

7.2. Credit Card Information. We do not have your complete credit or debit card account information, store your credit or debit card account information, or have direct control over or responsibility for your credit or debit card account information. We cannot guarantee that transmissions of your credit or debit card account information or personal information will always be secure or that unauthorized third parties will never be able to defeat the security measures taken by us or our third-party service providers. We assume no liability or responsibility for disclosure of your information due to errors in transmission, unauthorized third-party access, or other causes beyond our control.

8.  YOUR WARRANTY AND INDEMNIFICATION OBLIGATIONS.

8.1. Warranty. By uploading your Content to the Services or Software, you agree that you have:

(a) all necessary licenses and permissions to use and Share your Content; and (b) the rights necessary to grant the licenses in the Terms.

8.2. Indemnification. You will indemnify us and our subsidiaries, affiliates, officers, agents, employees, partners, and licensors from any claim, demand, loss, or damage, including reasonable attorneys’ fees, arising out of or related to your Content, your use of the Services or Software, or your violation of the Terms.

9.  DISCLAIMERS OF WARRANTEES.

9.1. Unless stated in the Additional Terms, the Services and Software are provided “AS-IS.” To the maximum extent permitted by law, we disclaim all warranties, express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. We make no commitments about the content within the Services. We further disclaim any warranty that (a) the Services or Software will meet your requirements or will be constantly available, uninterrupted, timely, secure, or error-free; (b) the results obtained from the use of the Services or Software will be effective, accurate, or reliable; (c) the quality of the Services or Software will meet your expectations; or (d) any errors or defects in the Services or Software will be corrected.

9.2. We specifically disclaim all liability for any actions resulting from your use of any Services or Software. You may use and access the Services or Software at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results from the use of and access to any Service or Software.

9.3. If you post your Content on our servers to publicly Share through the Services, we are not responsible for: (a) any loss, corruption, or damage to your Content; (b) the deletion of Content by anyone other than zenColor®; or (c) the inclusion of your Content by third parties on other websites or other media.

10. LIMITATION OF LIABILITY.

10.1. Unless stated in the Additional Terms, we are not liable to you or anyone else for any loss of use, data, goodwill, or profits, whatsoever, and any special, incidental, indirect, consequential, or punitive damages whatsoever, regardless of cause (even if we have been advised of the possibility of the loss or damages), including losses and damages (a) resulting from loss of use, data, or profits, whether or not foreseeable; (b) based on any theory of liability, including breach of contract or warranty, negligence or other tortious action; or (c) arising from any other claim arising out of or in connection with your use of or access to the Services or Software. Nothing in the Terms limits or excludes our liability for gross negligence, for our, or our employees’, intentional misconduct, or for death or personal injury.

10.2. Our total liability in any matter arising out of or related to the Terms is limited to US $100 or the aggregate amount that you paid for access to the Service and Software during the three-month period preceding the event giving rise to the liability, whichever is larger. This limitation will apply regardless of the form or source of claim or loss, whether the claim or loss was foreseeable, and whether a party has been advised of the possibility of the claim or loss.

10.3. The limitations and exclusions in this section 10 apply to the maximum extent permitted by law.

11. TERMINATION.

11.1. Termination by You. You may stop using the Services and Software at any time. Termination of your account does not relieve you of any obligation to pay any outstanding fees.

11.2. Termination by Us. If we terminate the Terms, or your use of the Service(s) for reasons other than for cause, we will make reasonable efforts to notify you at least 30 days prior to termination via the email address you provide to us with instructions on how to retrieve your Content. Unless stated in any Additional Terms, we may, at any time, terminate your right to use and access the Services or Software if:

(a) you breach any provision of the Terms (or act in a manner that clearly shows you do not intend to, or are unable to, comply with the Terms);

(b) you fail to make the timely payment of fees for the Services or Software, if any;

(c) you materially breach any provision of the Terms, and (i) the breach cannot be corrected; or

(ii) we notify you of the breach and you fail to correct it within 14 days of the notice;

(d) you physically, verbally, or through other means abuse, threaten, bully, or harass us or our personnel (in such circumstances, we may alternatively suspend or restrict your access to the Services or Software);

(e) you have repeatedly made complaints in bad faith or without a reasonable basis, and continue to do so after we have asked you to stop (in such circumstances, we may alternatively suspend or restrict your access to the Services or Software);

(f) we are required to do so by law (for example, where the provision of the Services or Software to you is, or becomes, unlawful);

(g) we elect to discontinue the Services or Software, in whole or in part (such as if it becomes impractical for us to continue offering Services in your region due to change of law); or

(h) there has been an extended period of inactivity in your free account.

8.3. Survival. Upon the expiration or termination of the Terms, some or all of the Services and Software may cease to operate without prior notice. Any perpetual licenses you have will continue in full force and effect, however. Your indemnification obligations, our warranty disclaimers or limitations of liabilities, and dispute resolution provisions stated in the Terms will survive.

12. INVESTIGATIONS.

12.1. Screening. We do not review all content uploaded to the Services or Software, but we may use available technologies, vendors, or processes to screen for certain types of illegal content (for example, child pornography) or other abusive content or behavior (for example, patterns of activity that indicate spam or phishing, or keywords that indicate adult content has been posted outside of the adult wall).

12.2. Disclosure. We may access or disclose information about you or your use of the Services or Software: (a) when it is required by law (such as when we receive a valid subpoena or search warrant); (b) to respond to your requests for customer service support; or (c) when we, in our discretion, think it is necessary to protect the rights, property, or personal safety of us, our users, or the public.

13. TRADE CONTROL LAWS.

13.1. The Services or Software and your use of the Services and Software, are subject to U.S. and international laws, restrictions, and regulations that may govern the import, export, and use of the Services and Software. You agree to comply with all the laws, restrictions, and regulations.

14. AUSTRALIAN CONSUMER LAW

14.1. Nothing in the Terms is intended to exclude, restrict, or modify any consumer rights under the Competition and Consumer Act 2010 (Cth) (CCA) or any other legislation which may not be excluded, restricted, or modified by agreement. If the CCA or any other legislation implies a condition, warranty, or term into the Terms or provides statutory guarantees in connection with the Terms, in respect of goods or services supplied (if any), our liability for breach of such a condition, warranty, other term or guarantee is limited (at our election), to the extent it is able to do so: (a) in the case of supply of goods, us doing any one or more of the following: (i) replacing the goods or supplying equivalent goods; (ii) repairing the goods; (iii) paying the cost of replacing the goods or of acquiring equivalent goods; and (iv) paying the cost of having the goods repaired; or (b) in the case of supply of services, our doing either or both of the following:

(i) supplying the services again; and (ii) paying the cost of having the services supplied again.

15.  DISPUTE RESOLUTION.

15.1. Process. If you have any concern or dispute, you agree to first try to resolve the dispute informally by contacting us. If a dispute is not resolved within 30 days of submission, any resulting legal actions must be resolved through final and binding arbitration, except that you may assert claims in small claims court if your claims qualify.

15.2. Rules. The laws of the State of Florida will govern these Terms and any actions related to the use of Software and Services (without regard to or application of its conflict of law provisions). Unless a dispute would be governed by an applicable arbitration clause, all claims, legal proceedings or litigation arising in connection with the Software and Services will be brought solely in the Eleventh Judicial Circuit Court of Florida, and the United States District Court for the Southern District of Florida. Licensee consents and hereby submits to the exclusive personal jurisdiction and venue of such courts and waive any objection as to inconvenient forum.

15.4  Injunctive Relief. Notwithstanding the foregoing, in the event of your or others’ unauthorized access to or use of the Services or Software in violation of the Terms, you agree that we are entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

16.  AUDIT RIGHTS.

If you are a business, company, or organization, then we may, no more than once every twelve (12) months, upon seven (7) days’ prior notice to you, appoint our personnel or an independent third-party auditor who is obliged to maintain confidentiality to inspect (including manual inspection, electronic methods, or both) your records, systems, and facilities to verify that your installation and use of any and all Services or Software is in conformity with its valid licenses from us. Additionally, you will provide us with all records and information requested by us within 30 days of our request in order for us to verify that the installation and use of any and all Services and Software is in conformity with your valid licenses. If the verification discloses a shortfall in licenses for the Services or Software, you will immediately acquire any necessary licenses, subscriptions, and applicable back maintenance and support. If the underpaid fees exceed 5% of the value of the payable license fees, then you will also pay for our reasonable cost of conducting the verification.

17.  UPDATES AND AVAILABILITY.

17.1. Updates to the General Terms and Additional Terms. We may modify these General Terms, any Additional Terms or Subscription and Cancellation terms, for example, to reflect changes to the law or changes to our Services or Software. You should look at the Terms regularly. We will post notice of modifications to these General Terms and Additional Terms on this page. By continuing to use or access the Services or Software after the revisions are in effect, you agree to be bound by the revised Terms.

17.2. Updates to the Services and Software. We may modify, update, or discontinue the Services or Software (including any portions or features) at any time, without liability to you or anyone else. However, for changes to paid offerings, we will make reasonable efforts to notify you of the modification, update or discontinuation. If we discontinue the Services or Software in its entirety, we will also allow you a reasonable time to download your Content and we may provide you with a pro rata refund for any unused fees for that Service or Software that you prepaid.

17.3. Availability. Webpages describing the Services are accessible worldwide, but this does not mean all Services or service features are available in your country or that user-generated content available via the Services is legal or available in your country. Access to certain Services (or certain Service features, Sample Files or Content Files) in certain countries may be blocked by us or foreign governments. It is your responsibility to make sure your use of the Services is legal or available where you use them. Services are not available in all languages.

18.  NO MODIFICATIONS, REVERSE ENGINEERING.

Except as expressly permitted in the Terms, you may not (a) modify, port, adapt or translate any portion of the Services or Software; or (b) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or any portion of any Service or Software. If the laws of your jurisdiction give you the right to decompile the Software to obtain information necessary to render the licensed portions of the Services or Software interoperable with other software, you must first request such information from us. We may, in our discretion, either provide such information to you or impose reasonable conditions, including a reasonable fee, on your decompilation of the Services or Software to ensure that our and our suppliers’ proprietary rights in the Services and Software are protected.

19. MISCELLANEOUS

19.1. English Version. The English version of the Terms will be the version used when interpreting or construing the Terms.

19.2. Notice to zenColor®. You may send notices to us at the following address: zenColor® Corporation, c/o Bilzen Sumberg, 1450 Brickell Avenue (23rd Floor) Miami FL 33131, USA, Attention: J. Kaplan, General Counsel.

19.3. Notice to You. We may notify you by email, postal mail, postings within the Services, or other legally accepted means.

19.4. Non-Assignment. You may not assign or otherwise transfer the Terms or your rights and obligations under the Terms, in whole or in part, without our written consent, and any such attempt will be void. We may transfer our rights under the Terms to a third party.

19.5. Headings. Headings used in these General Terms or Additional Terms are provided for convenience only and will not be used to construe meaning or intent.

19.6. Severability. If any provision of these General Terms or any Additional Terms is held invalid or unenforceable for any reason, the General Terms and any Additional Terms will continue in full force and effect.

19.7. No Waiver. Our failure to enforce or exercise any provision of the Terms is not a waiver of that provision.

20. DMCA.

We respect the Intellectual Property Rights of others and we expect our users to do the same. We will respond to clear notices of copyright infringement consistent with the Digital Millennium Copyright Act (“DMCA”).

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

21.1. 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 aim@imiplaw.com.

BILLING, PLAN MODIFICATIONS & PAYMENT TERMS

Last Modified: October 18, 2023

INVOICING TERMS

1. All charges associated with Subscriber access to and use of the Services (“Subscription Fee”) are due in full upon commencement of Subscription Term at the time the Service is purchased, subscribed to or otherwise deployed.

2. Failure to pay Subscription Fee or charges for other services referencing this Agreement within ten (10) business days of initial notice that Subscriber payment is delinquent will result in either suspension or termination of access to and use of such Services.

3. Invoices paid by credit card or other means of payment are due on the invoice date. If any invoiced amount is not received by zenColor, by the invoice date, then those charges may accrue late interest at the rate of 1.5% of the outstanding balance per month or the maximum rate permitted by law. If Subscriber is paying for Services by credit card, Subscriber will provide the zenColor authorized payment processor with valid credit card information and promptly notify our third-party authorized payment processor of any changes necessary to charge the credit card. The provision of credit card information to the zenColor third-party authorized payment processor authorizes its authorized payment processor to charge the credit card for all Services specified in the service order including allowed changed, modifications of renewals of the subscription order. Subscriber acknowledges that zenColor will not have access to Subscriber’s credit card or personal information.

4. No refunds or credits for Subscription Fee for the billable month will be provided to Subscriber if Subscriber Licensee Plan is cancelled, suspended, or terminated. Such action may cause loss of content, features, or capacity of the Services as available to Subscriber under that Licensee Plan. Subscriber acknowledges and agrees that zenColor bears no liability for loss of content, features, and capacity caused by downgrading such Licensee Plan.

TERMINATION

1. Subscriber may elect to terminate the Services either during or at the end of the current subscription term. Unless the subscription to the Services is terminated, the subscription will automatically renew for a period of two years.

2. No refunds or credits will be provided if Subscriber elects to terminate or cancel the Services prior to the end of the effective subscription term. Following the termination of the Services, zenColor reserves the right to delete all service data immediately after termination. Subscriber acknowledges that all such service data cannot be recovered, once deleted.

3. Subscriber can cancel Services at any time, however a $500 cancellation fee will be automatically charged if the subscription is cancelled prior to the end of the subscription term.

4. zenColor reserves the right to modify, suspend or terminate the Services, subscription (or any part thereof), Subscriber account, and Subscriber rights to access and use the Services. If zenColor believes that Subscriber has violated this Agreement, we reserve the right to discard any service data unless legally prohibited from doing so by law. We will use commercially reasonable efforts to notify Subscriber when taking any of the foregoing actions. zenColor shall not be liable to Subscriber or any other third party for any such modification, suspension or discontinuation of Subscriber’s rights to access and use the Services. Any suspected fraudulent, abusive, or illegal activity by Subscriber or third-party users may be referred to law enforcement authorities at our sole discretion.

TAXES

1. Fees for the zenColor Services do not include any taxes, levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, use, or withholding taxes assessable by any jurisdiction whatsoever (collectively, “Taxes”).

2. Subscriber is responsible for paying all Taxes associated with its service orders. If zenColor is obligated by law to pay or collect Taxes for which Subscriber is responsible, zenColor will invoice Subscriber and Subscriber will pay that amount unless Subscriber can provide a valid tax exemption certificate authorized by the appropriate taxing authority. Subscriber will provide zenColor any information that it reasonably requests to determine whether zenColor is obligated to collect Taxes.

PRIVACY POLICY

Effective Date: November 1, 2023

zenColor® Corporation, its subsidiaries and affiliates (“zenColor,” “we,” “us,” “our”) take your privacy seriously and has developed this Privacy Policy (“Privacy Policy”) to explain what we collect from our users (“users” or “you”) and how we use and share this information. This Privacy Policy applies to your use of our websites, mobile websites, desktop applications, mobile applications and any related services which you can find out about more in our Terms of Service at https://zencolor.com/ (“Service(s)”). We may change this Privacy Policy from time to time and will notify you by revising the date at the top of the Privacy Policy. Please review this Privacy Policy whenever you access the Services to stay informed of our information practices.

WHAT INFORMATION DOES ZENCOLOR COLLECT?

This Privacy Policy covers our treatment of “personally identifiable” information (meaning it can be used to specifically identify you as a unique person) or “non-personally identifiable” information (meaning it cannot be used to specifically identify you) that we may collect in your use of our Services. We use both types of information, and combinations of both types, as described in this Privacy Policy. This Privacy Policy does not apply to the practices of any other company or individual that we do not own or control.

When You Visit Our Websites or Use Our Services: Even if you do not register with us, whenever you interact with our Services, we may collect the following: IP address, language setting, operating system type, the page you requested, an Identifier for Advertising if you are using an iOS device or an Android ID if you are using an Android device, user agent, and time stamp.

HOW DOES ZENCOLOR USE YOUR INFORMATION?

We may use the information we collect for the various purposes described below:•  personalize and improve our Services;

•  customize the Services and provide advertisements, content or  features that match your interests;

•  allow our users to set up a user account and profile;

•  communicate with you about or fulfill your requests for certain products, services, offers, promotions    and events offered by ZENCOLOR; send you notices, updates, and other administrative messages;

•  process transactions and send you related information;

•  operate sweepstakes, contests or giveaways;

•  link or combine with information we get from others to help provide you with better service;

•  detect, investigate and/or prevent fraudulent, unauthorized or illegal activity;

• analyze and monitor how users utilize the Websites and Services; and carry out other purposes described in this Privacy Policy.

HOW DOES ZENCOLOR SHARE YOUR INFORMATION?

• Advertisers: We do not allow advertisers, advertising agencies, ad networks, merchant partners and/or online retailers and their affiliates and partners to collect information on our Services for the purposes of serving you with advertising tailored to your interest or demographics and analyzing the  performance of advertising campaigns (“Advertisers”).

• International Partners: On some occasions, we may host sites that are operated by international partners. We may share your information with these partners in order for them to provide  the services on those international sites.

• Third-Party Partners and Websites: Third-party partners may sell items or provide services to you through our Services (either alone or jointly with us). In these cases, you will be routed through to the third-party’s website, where you will complete the purchase. When you make a purchase or activate the partner’s service we may share your information, such as an email address, with that partner, who may use this information in accordance with its privacy policy. Please note that we are not responsible for any applicable third-party terms or policies and you should review them carefully.

• Checkout Service: If you purchase products from the zenColor Cart or third party resellers, our Payment Processors will share your email address and other payment card information with the Seller or Merchant of Record who may use the information in accordance with their privacy policies. None of the payment information you supply to the zenColor Cart is stored by zenColor. Please note that we are not responsible for any applicable third party terms or policies and you should review them carefully.

• Agents: We may employ or utilize the services of other third party vendors, consultants and other service providers who need access to your information to perform work on our behalf or to provide us additional information necessary to provide you one of our services.

• Business Transfers: We may share your information in connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition, or in any other situation where personal information may be disclosed or transferred as one of our business assets.

• Enforcement of Terms and Policies: We may share your information to enforce or apply our Privacy Policy, Terms of Service or our other policies or agreements.

• Protection of zenColor and Others: We may access, read, preserve, and disclose any information that we reasonably believe is necessary to comply with law or court order; or protect the rights, property, or safety of zenColor, our employees, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.

• User Profiles and Submissions: Certain user profile information such as a user’s name, age, gender or other data supplied by user to zenColor for specific services may be stored to provide those services.

• With Your Consent: We may share your information in other circumstances with your consent, for example when you have chosen to link an account with our Services with a social media network like Facebook, Instagram, Twitter, or others.

HOW MAY ZENCOLOR COMMUNICATE WITH ME?

We may contact or communicate with you by email, postal mail, notices on our websites or applications, newsletters or other means available through the Services, including mobile text message and push notifications. Such communications may contain messages of a commercial or non-commercial nature, including but not limited to, providing you the Service or response to your inquiry that you requested, marketing and promotions of our Services or the services of our partners and advertisers, administrative purposes, or to carry out other purposes described in this Privacy Policy.

HOW DOES ZENCOLOR USE COOKIES AND WEB BEACONS?

“Cookies” are small data file identifiers that are transferred to your computer or mobile web browser that allow us to recognize your browser or mobile device and transfer information about you and your use of our Services. For example, cookies that we use tell us how many times you have visited one of our websites, your search preferences, and if you have clicked on an advertisement that has been displayed to you.  We use “persistent” cookies to save your login information for future logins to the Services. We also use “session ID” cookies to enable certain features of the Services, to better understand how you interact with the Services and to monitor aggregate usage by users and web traffic routing on the Services. Unlike persistent cookies, session ID cookies are deleted from your computer when you log off from a Service and close your browser.

We, and third parties with whom we partner, may also deliver a file known as a web beacon, pixel or pixel tag (“Web Beacons”) to you through our Services from an ad network. Web Beacons are small, invisible graphic images that may be used on the Service interface or in emails relating to the Service to collect certain information and monitor user activity on the Service interface, such as to count visits, understand usage effectiveness and to determine if an email has been opened and acted upon. Web Beacons allow ad networks and service providers that we use to provide anonymized, aggregated auditing, research and reporting for us, for advertisers and our other partners. Web Beacons also enable ad networks to serve targeted advertisements to you when you visit other websites. Because your web browser must request these advertisements and Web Beacons from the ad network’s servers, these companies can view, edit, or set their own cookies, just as if you had requested a web page from their site.

HOW DOES ZENCOLOR USE SOCIAL PLUGINS?

We may use social plugins on our Services, for instance plugins of the social networks such as Instagram, Twitter, Pinterest, LinkedIn, YouTube, Vimeo, and may feature icons, like the “thumbs up” icon or text like “Recommend”, “Like” or “Comment”. These cookies are activated once you start navigating our website. Your browser may create a connection to the servers of such social networks and/or transmit data to such servers when you view a page on our website. If you use the plugin functionality (e.g. click the “Like” button or make a comment), this information is also transmitted directly to the social network by your browser and may be stored there. This Privacy Policy does not cover the practices of these third party social networks.

WHAT ARE MY OPTIONS?

• Cookies. You can usually instruct your browser, by changing its settings, to stop accepting cookies or to prompt you before accepting a cookie from our websites that you visit. If you do not accept cookies, you may not be able to use all portions of the Services or all functionality of the Services.

• Email or Postal Mail: If you do not want to receive email or other mail from us, please indicate your preference by changing your account settings, by clicking the “unsubscribe” link in an email we send to you.

• Push Notifications. You may adjust the “Settings” on your mobile device to disable push notifications for any of our mobile applications for which you would like to stop receiving such notifications.

• Text Messages. If you no longer want to receive a text message for the Service which sends you a text message with information that you have requested, you can reply to the text message with “STOP” to unsubscribe.

When you update information in your account, however, we may maintain a copy of your prior, unrevised information in our servers. Please note that some information may remain in our servers after your deletion of such information from your account. We may use any aggregated data derived from or incorporating your information after you update or delete it in accordance with this Privacy Policy.

PAYMENT CARD INFORMATION

We do not have your complete credit or debit card account information, store your credit or debit card account information, or have direct control over or responsibility for your credit or debit card account information. We cannot guarantee that transmissions of your credit or debit card account information or personal information will always be secure or that unauthorized third parties will never be able to defeat the security measures taken by us or our third-party service providers.

We assume no liability or responsibility for disclosure of your information due to errors in transmission, unauthorized third-party access, or other causes beyond our control.

SECURITY

We use commercially reasonable safeguards to preserve the integrity and security of information collected and maintained through our Services. However, we cannot ensure or warrant the security of any information you provide to us or guarantee that information on the Service may not be accessed, disclosed, altered, or destroyed by unauthorized persons or hardware or software failure.

DO NOT TRACK

We currently do not participate in any “Do Not Track” frameworks that would allow us to respond to signals or other mechanisms from you regarding the collection of your information. We may engage third parties, such as marketing or analytics partners, who may collect information about your online activities over time and across different websites when you use our website.

SERVICES NOT DIRECTED TO CHILDREN

The Services are not directed to children under 13. We do not knowingly collect or solicit personally identifiable information from anyone under the age of 13.

HOW TO CONTACT ZENCOLOR

If you have any questions or concerns regarding our privacy policies, please send us a detailed message to info@zenColor.com.

LEGAL GUIDELINES

TRADEMARK GUIDELINES

ZENCOLOR® trademarks are intellectual property and are among our most valuable assets. In order to preserve and protect both our brand and our intellectual property, it is essential that our trademarks are used properly. Please follow these Guidelines, as well as our ZCC® Marking & Usage Rules, to properly display or use zenColor trademarks in all communications, documents, and electronic messages.

These Guidelines apply to zenColor employees, customers, partners, licensees, outside vendors, and other third parties. If you are a Licensee of any zenColor trademark or logo, your License Agreement may have particular usage guidelines different than provided here. If so, please follow the specific guidelines in your License Agreement. If you are a Licensee but have not been provided with special guidelines for usage of the zenColor trademarks, then these Guidelines apply to your usage of zenColor trademarks.

You may reference zenColor products and services using the zenColor trademarks, so long as such references are: (1) truthful, fair, and not misleading, and (2) comply with these Guidelines, which may be modified from time to time by zenColor in its sole discretion. The zenColor trademarks should never be used in a way that could cause anyone wrongly to believe that your products or services are offered, endorsed, or sponsored by zenColor or any of its subsidiaries.

TRADEMARK NOTICES
Properly designate the status of zenColor trademarks by using the correct trademark symbol (® or ™) reflecting zenColor ownership of particular marks as set forth below. Also include an attribution of zenColor ownership in the following format:

“_______ is a trademark of zenColor — all rights reserved.”

In letters, memos, press releases, white papers, advertising, video, and other multimedia presentation properly designate (with ® or ™) all of the zenColor trademarks at the most prominent use (usually a headline) and again on the first occurrence in copy; and in the case of presentation graphics, trademarks should be designated with the proper trademark symbol on each page, slide, and foil. In newsletters, magazines, and publications containing multiple articles properly designate (with ® or ™) all of the zenColor trademarks on the first occurrence in the document, in headlines and on the first occurrence in every article in which they are used. In brochures, annual/quarterly reports, books, technical documentation, and other bound documents properly designate (with ® or ™) all of the zenColor trademarks on the first occurrence in the document, in headlines, and on the first occurrence in text. In all charts or graphs, properly designate trademarks (with ® or ™). On all packaging, always use the trademark symbol in every reference.

TRADEMARKS ARE SINGULAR ADJECTIVES, NOT VERBS, AND SHOULD NOT BE MADE POSSESSIVE

Use the zenColor trademarks only as adjectives followed by the appropriate generic product or service noun describing the relevant product or service (e.g., “the zenColor® digital cross-referencing platform makes my life easy!”). zenColor trademarks should not be used in plural or possessive form or as verbs.

REFERENCES TO ZENCOLOR COMPANY, LLC

When zenColor is used to refer to our company, zenColor, rather than as a brand of product or services, then the rules for proper usage change slightly. Unlike trademarks, company names are proper nouns; they can be used in the possessive form and do not need to be followed by a generic term. Neither the ™ nor ® symbol should accompany references to zenColor as a company.

OWNERSHIP

Do not assert rights over any zenColor trademark whether by incorporating a zenColor trademark into your own product or service names, trademarks, logos, company names, or domain names or seeking a trademark or domain name registration for any term that includes a zenColor trademark.

LOGO USAGE

Do not make unlicensed use of zenColor logos, such as the logos listed below. Third party use of zenColor logos requires a license or written permission from zenColor. If you are interested in obtaining a license to use a zenColor trademark or logo, please CONTACT US to discuss your proposed use.

ZENCOLOR STYLE GUIDE

When using the zenColor trademarks: (i) follow the style and usage guidelines available in our Style Guide; (ii) use our Logos exactly as they appear and do not alter or distort their appearance in any way, for example, by adding your own design elements or changing the font, colors, or size; (iii) allow for clear space around our Logo; and (iv) maintain the legibility of our Logos and keep them sharp, clear, and well-produced. When using our Word Marks, you may not change their appearance by abbreviating them, incorporating them into acronyms, changing their spelling, using them in parts, or using improper capitalization.

NO TRADEMARK BIDDING IS ALLOWED

Unless expressly permitted in an agreement between you and zenColor, you may not bid on a zenColor trademark (or any variant or extension thereof) as a keyword on any search engine.

NO DISPARAGEMENT

You may not use a zenColor trademark in a disparaging or degrading manner.

ZENCOLOR LOGOS

The following is an illustrative, non-exhaustive list of logos and trademarks owned by zenColor. Because this list of logos and trademarks and their status could change over time, including as we add new products and services, please review this section in these Guidelines periodically. Please note that the absence of a product or service name or logo from the list below does not constitute a waiver of zenColor trademark or other intellectual property rights in that name or logo.

TRADEMARKS AND SERVICE MARKS

The trademarks, logos and service marks (Marks) displayed in the zenColor® Connect application(s) and on this Website are the property of zenColor Corporation. Users are strictly 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 Corporation. All information and content in this software application (Content) is protected by copyright, trademark, and patent. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available in the zenColor application(s) for commercial or public purposes.

The following are trademarks and service marks of zenColor Corporation, its subsidiaries and/or affiliates that may appear in this software application. This is not a comprehensive list.

ZENCOLOR®, ZENCOLOR® CODE, ZCC®, ZENCOLOR BRUSHSTROKE ICON®, ZCANALYTICS®, HUE AND HARMONY®, ZENCOLOR® CONNECT, 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. This is not a comprehensive list.

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

PATENT INFRINGEMENT

Both infringement notifications and counter notifications should be submitted to our legal department using the following information:

zenColor Company, LLC
Attention: IM LAW
Subject Line: Patent Infringement Notification
Email: aim@imiplaw.com
Address: 2146 Orchard Mist Street, Las Vegas, NV 89135
Telephone: +1 (888) 415-3481

COPYRIGHT GUIDELINES

COPYRIGHT INFRINGEMENT NOTICE & TAKEOVER POLICY

NOTIFICATION OF INFRINGEMENT

zenColor® Company, LLC (hereafter, “zenColor”) abides by the federal Digital Millennium Copyright Act (DMCA) and similar regulations in other jurisdictions by responding to written notifications of alleged infringement by legitimate copyright holders. As part of our response, we may remove or disable access to allegedly infringing material residing on our websites and within the Service. Please note that zenColor does not control content hosted on any third party website, and cannot remove content from any website it does not own or control.

To submit a copyright infringement notification to zenColor, send a written communication to our Copyright Agent, as required by the DMCA, and provide the following information in writing:

• Identification of the copyrighted work that you claim has been infringed;

• Identification of the specific material that is claimed as infringing and information sufficient to permit zenColor to locate that material on our websites or within the Service (providing a URL is the best way to help us locate the content quickly);

• A statement that you believe, in good faith, that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or by law;

• If you are not the copyright owner, a description of your relationship to the copyright owner;

• Your contact information, including your name, address, telephone number, and email address;

• A statement, under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner; and

• A physical or electronic signature of a person authorized to act on behalf of the copyright owner.

Please note that under Section 512(f) of the DMCA and similar regulations in other jurisdictions, anyone who knowingly misrepresents that material or activity is infringing may be liable for damages and attorneys’ fees incurred by the alleged infringer or by zenColor. Therefore, if you are not sure whether material infringes your copyright, you should first consider contacting an attorney.

RESPONSE TO NOTIFICATIONS

Following receipt of a proper written notification, zenColor will expeditiously remove or disable the allegedly infringing content. We will also notify the customer who submitted or posted the allegedly infringing material, and provide them with a copy of the copyright infringement notification. We may suspend or terminate access to the Service of customers that repeatedly or egregiously infringe the copyrights of others.

COUNTER NOTIFICATIONS

If a customer of the Service believes that their content was removed or disabled by mistake or misidentification, the customer can send us a written counter notification that includes the following:

• The customer’s contact information, including name, address, email address, and telephone number;

• Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or disabled;

• A statement that the customer consents to the jurisdiction of the U.S. Federal District Court for the judicial district in which the customer is located (or if the customer is outside the U.S., the U.S. Federal District Court for the District of South Florida located in Miami, FL), and that you will accept service of process from the person who originally provided zenColor with the notification of infringement;

• A statement under penalty of perjury that the customer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and

• A physical or electronic signature of the customer;

Please note that under Section 512(f) of the DMCA and similar regulations in other jurisdictions, any person who knowingly misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

zenColor will only accept counter notifications that meet the requirements set forth above and are properly submitted to our Copyright Agent. Upon receipt of a proper written counter notification, zenColor will provide the person that submitted the infringement notification with a copy of the counter notification, and will, on or after 10 business days following receipt of the counter notification, restore the removed material to the Service unless our Copyright Agent first receives notice that a court action has been filed to restrain the customer from engaging in infringement related to the allegedly infringing material.

COPYRIGHT AGENT INFORMATION

Both infringement notifications and counter notifications should be submitted to our Copyright Agent using the following information:

zenColor Company, LLC
Attention: IM LAW
Subject Line: DMCA Notification / DMCA Counter Notification
Email: aim@imiplaw.com
Address: 2146 Orchard Mist Street, Las Vegas, NV 89135
Telephone: +1 (888) 415-3481

ZCC® MARKING & USAGE RULES

ZENCOLOR® trademarks are intellectual property and are among our most valuable assets. In order to preserve and protect both our brand and our intellectual property, it is essential that our trademarks are used properly. Please follow the ZCC® Marking & Usage Rules to properly display or use zenColor trademarks in all communications, documents, and electronic messages.

The zenColor® Code cannot be used as an internal color system. It can, however, be used to communicate color or cross-reference to your own internal color names and internal color numbers. All retailer(s), manufacturer(s), their contractors, sub-contractors, agents that use zenColor® Code for this purpose must be current licensees with valid License Keys. Use of zenColor® Code without a valid zenColor® Connect license or the express written consent of zenColor® Company is strictly prohibited.

A zenColor® Code (i.e. ZCC-87356) may not be displayed as live text information within product descriptions or tagged as internal metadata without the express written permission of zenColor® Company.

When using zenColor® Code for internal presentations or color communication, outside of sending or receiving swatches via the zenColor® Connect application, the following ZCC® Marking & Usage Rules apply:

FONT
Open Sans – SemiBold

COLOR DISPLAY
White or black numeric representation color should be displayed as it appears in the ZCC® Swatch Library.

TYPE
All type must be rasterized (converting an image stored as an outline, into pixels that can be displayed on a screen or printed) within the swatch field as part of a graphic, and not as editable text.

SWATCH FORMAT
The swatch format can vary, but both ZCC® and zenColor® Code must always be displayed as per the ZCC® Marking & Usage Rules. A zenColor® Code must always use a single hyphen as follows:

zenColor® Code and ZCC® must always appear the same and can never be translated into a foreign language or characters. When referring to zenColor® Code or ZCC® in text or in copy, the trademarks must be used with their “®” mark as follows:

zenColor® Code

ZENCOLOR® CODE

ZCC®

ZENCOLOR®, ZENCOLOR® CODE, ZCC®, ZENCOLOR BRUSHSTROKE ICON®, ZENCOLOR® CONNECT, ZENCOLOR® CLICK FILTER and other zenColor® trademarks and copyrights are the property of zenColor® Company in the United States and/or other countries. © 2023 zenColor® – All rights reserved.