Terms of Service

Important Legal Agreement

These Terms of Service constitute a legally binding agreement between you and WeeColor Inc. By using our platform, you agree to be bound by these terms.

These Terms of Service, as amended from time to time, together with any other terms, agreements and policies referenced herein (which constitute an integral part hereof) (these "Terms") constitute a legally binding agreement between WeeColor Inc., a company incorporated under the laws of Delaware, United States (the "Company") and the customer accepting these Terms (the "Customer"). The Terms govern the manner in which the Customer may use and access the Platform (as defined below). The Customer's use of the Platform signifies the Customer's understanding and agreement to be bound to these Terms and to comply with the applicable law, rules and regulations. If Customer does not agree to these Terms, Customer may not register or use the Platform.

1The Platform

1.1 Access to the Platform

WeeColor offers its users access to a library of free downloadable printables, including coloring pages, educational worksheets, and crafts, which allow downloading, printing and personal/educational use (the "Platform"). The Company shall make the Platform available to Customer subject to the terms hereof.

1.2 Permitted Use

Without derogating from Section 4.2 below, Customer may only use the Platform for the Customer's personal and commercial use, as permitted by and subject to these Terms (the "Purpose").

1.3 Access Limitations

The right to access the Platform as set forth in Section 1.1 above, is granted solely to the Customer and is limited, non-transferable, non-exclusive, non-assignable and non-sub-licensable. The Platform may only be used by individuals who: (i) can form legally binding contracts under applicable law, (ii) are of the age of eighteen (18) and above (parents, guardians, or educators), and (iii) are not prohibited by law to access and use the Platform.

1.4 Modification or Discontinuation of the Platform

The Company may change or update the Platform at any time, including the availability of any feature, content or database, and the Company may impose limitations or restrictions on certain features and services or on the access to the Platform (or any part thereof), without notice or liability. Furthermore, the Company may offer alternative or additional features to certain Customers, that may not be offered to others.

2Registration to the Platform

2.1 Account Registration

In order to use the Platform, the Customer shall register and create an account (the "Account"). The Company reserves the right to refuse a Customer's registration or to block Customer's access to the Platform, at the Company's discretion.

2.2 Account Information

As part of the registration process, the Customer may be required to provide the Company with certain personal information (including, name, phone number, e-mail address, etc.) and to select a password. The Customer: (i) agrees to provide the Company with accurate, complete, and updated registration information; (ii) acknowledges that he/she is solely responsible for the activity that occurs on his/her Account; (iii) agrees to keep his/her Account credentials secured; and (iv) undertakes to notify the Company immediately of any breach of security or unauthorized use of his/her Account.

3Customer Content

3.1 General

While using the Platform, certain data may be uploaded or transferred by the Customer to the Platform to be processed by the Platform on the Customer's behalf (the "Customer Content"). Customer Content may include data, information, files, documents, texts, designs, graphics, audio files or other sounds, photographs, images, videos, illustrations and other content, uploaded, transferred, posted or otherwise made available by the Customer to or by the use of the Platform. As between the Customer and the Company, all rights in the Customer Content shall remain with Customer.

3.2 License to Customer Content

Customer hereby grants the Company and its Sub-processors an irrevocable, perpetual, non-exclusive, worldwide, royalty-free, fully paid, sub-licensable right and license to access, use, process, copy, download, store, distribute and display the Customer Content, solely for the purpose of maintaining and providing the Platform and as required to resolve technical and security problems or otherwise as permitted by these Terms or in writing by Customer.

3.3 Content Restrictions

Customer may not upload, transfer, display, post, send, incorporate, contribute or otherwise make available to the Platform any Customer Content that: (i) infringes any intellectual property rights; (ii) is defamatory, abusive, harassing, threatening, or otherwise offensive; (iii) is illegal or encourages illegal activity; (iv) contains viruses or malicious code; (v) creates a false identity or impersonates another person; or (vi) violates any applicable laws or regulations.

4Intellectual Property and Right to Use

4.1 WeeColor Intellectual Property

All right, title and interest in the Platform, including without limitation, any content, materials, printables, coloring pages, illustrations, graphics, text, media, artwork, names, logos, trademarks and service marks, any and all related or underlying technology and any updates, new versions, modifications, improvements, developments or derivatives thereof, is the property of the Company and its licensors.

4.2 Prohibited Use

Customer may not, and may not permit or aid others to: (i) use the Platform for any purpose other than the Purpose; (ii) copy, modify, alter, translate, or reproduce the Platform; (iii) sell, resell, distribute, or sublicense the rights granted under these Terms to any third party; (iv) reverse engineer, de-compile, or disassemble the Platform; (v) bypass any security measures; or (vi) interfere with the proper working of the Platform.

4.3 Printables Licensing

Customer receives a non-exclusive, non-transferable license to download and print the materials on the Platform for personal, non-commercial, and classroom use only. Reselling, redistributing, or using the printables for commercial purposes without explicit written permission is strictly prohibited.

5Privacy; Data Protection; Anonymous Information

5.1 Privacy Policy

Customer acknowledges and agrees that the use of the Platform by the Customer is governed by the Company's Privacy Policy available at: https://weecolor.com/privacy ("Privacy Policy"). The Privacy Policy shall constitute an integral part of these Terms.

5.2 Anonymous Information

The Company may collect, monitor and use Anonymous Information, inter alia to provide, develop, maintain, improve, demonstrate and market the Platform. "Anonymous Information" means information about use of the Platform which does not enable identification of an individual, such as aggregated data, metadata and analytic information.

7Termination

7.1 Termination by WeeColor

Company may terminate or suspend Customer's access to the Platform immediately, without prior notice or liability, if Customer breaches any of the provisions contained in these Terms, including the commercial restriction clause, or if the Company believes that Customer is using the Platform in a manner that may impose a security risk or create liability.

8Warranty and Disclaimer

IMPORTANT WARRANTY DISCLAIMER

CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT ACCESS TO AND USE OF THE PLATFORM, AS WELL AS ANY RELATED SERVICES PROVIDED BY THE COMPANY, ARE AT CUSTOMER'S SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND RESULTS IS SOLELY WITH CUSTOMER.

EXCEPT AS EXPLICITLY SET FORTH HEREIN, THE PLATFORM IS SUPPLIED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES, GUARANTEES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, COMMON LAW OR OTHERWISE.

9Limitation of Liability

LIABILITY LIMITATIONS

NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWHERE TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY: (I) SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR INDIRECT DAMAGES; (II) LOSS OF OR DAMAGE TO CUSTOMER'S SYSTEMS, DEVICES, DATA, INFORMATION, GOODWILL, PROFITS, OR SAVINGS; (III) THE FAILURE OF INDUSTRY STANDARD SECURITY MEASURES; AND/OR (IV) THE COST OF PROCURING ANY SUBSTITUTE GOODS OR SERVICES.

TO THE EXTENT PERMITTED BY LAW, COMPANY'S AGGREGATE AND TOTAL LIABILITY FOR ALL DIRECT CLAIMS, DAMAGES AND LOSSES IS LIMITED TO THE FEES PAID TO THE COMPANY FOR USE OF THE PLATFORM IN THE SIX MONTHS PRECEDING THE CAUSE OF THE CLAIM.

10Miscellaneous

10.1 Print Confirmation

Certain print-shops may sometimes ask for a confirmation letter, in order to make sure that Customer is not infringing on the rights of others. A confirmation for materials downloaded from the Platform can be found at: https://www.weecolor.com/print-release.

10.2 Amendments

The Company reserves the right to change these Terms at any time by posting a new version at: https://www.weecolor.com/terms. In the event of a material change, the Company shall notify the Customer by posting a notice in the Platform or by sending the Customer an email.

10.3 Governing Law

These Terms and its performance shall be governed by the laws of the State of Delaware, United States, without regard to conflict of laws' provisions. The parties hereto submit to the exclusive jurisdiction of the courts of Delaware.

10.4 Entire Agreement

These Terms constitute the entire agreement between Customer and the Company with respect to Customer's use of the Platform, and supersede all prior or contemporaneous understandings regarding such subject matter.