1. Introduction
Welcome to Color Ceramics Ltd
These Terms of Service govern your use
of our website located at colorceramics.com operated by Color Ceramics Ltd.
Our Privacy Policy also governs your use
of our Service and explains how we collect, safeguard and disclose information
that results from your use of our web pages. Your agreement with us includes
these Terms and our Privacy Policy. You
acknowledge that you have read and understood Agreements, and agree to be bound
of them. If you do not agree with (or cannot comply with) Agreements, then you
may not use the Service, but please let us know by emailing at
support@colorceramics.com so we can try to find a solution. These Terms apply
to all visitors, users and others who wish to access or use Service.
2. Communications
By using our Service, you agree to
subscribe to newsletters, marketing or promotional materials and other
information we may send.
3. Purchases
If you wish to purchase any product or
service made available through Service (“Purchase”), you may be asked to supply
certain information relevant to your Purchase including but not limited to,
your credit or debit card number, the expiration date of your card, your
billing address, and your shipping information.
You represent and warrant that: (i) you
have the legal right to use any card(s) or other payment method(s) in
connection with any Purchase; and that (ii) the information you supply to us is
true, correct and complete.
We may employ the use of third party
services for the purpose of facilitating payment and the completion of
Purchases. By submitting your information, you grant us the right to provide
the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel
your order at any time for reasons including but not limited to: product or
service availability, errors in the description or price of the product or
service, error in your order or other reasons.
We reserve the right to refuse or cancel
your order if fraud or an unauthorized or illegal transaction is suspected.
4. Contests
and Promotions
Any contests or other promotions
(collectively, “Promotions”) made available through Service may be governed by
rules that are separate from these Terms of Service. If you participate in any
Promotions, please review the applicable rules as well as our Privacy Policy.
If the rules for a Promotion conflict with these Terms of Service, Promotion
rules will apply.
5. Subscriptions
Some parts of Service are billed on a
subscription basis ("Subscription(s)"). You will be billed in advance
on a recurring and periodic basis ("Billing Cycle"). Billing cycles
will be set depending on the type of subscription plan you select when
purchasing a Subscription.
At the end of each Billing Cycle, your
Subscription will automatically renew under the exact same conditions unless
you cancel it or Color Ceramics Ltd cancels it. You may cancel your
Subscription renewal either through your online account management page or by
contacting support@colorceramics.com customer support team.
A valid payment method is required to
process the payment for your subscription. You shall provide Color Ceramics Ltd
with accurate and complete billing information that may include but not limited
to full name, address, state, postal or zip code, telephone number, and a valid
payment method information. By submitting such payment information, you
automatically authorize Color Ceramics Ltd to charge all Subscription fees
incurred through your account to any such payment instruments.
Should automatic billing fail to occur
for any reason, Color Ceramics Ltd reserves the right to terminate your access
to the Service with immediate effect.
6. Fee
Changes
Color Ceramics Ltd, in its sole
discretion and at any time, may modify Subscription fees for the Subscriptions.
Any Subscription fee change will become effective at the end of the
then-current Billing Cycle.
Color Ceramics Ltd will provide you with
a reasonable prior notice of any change in Subscription fees to give you an opportunity
to terminate your Subscription before such change becomes effective.
Your continued use of Service after
Subscription fee change comes into effect constitutes your agreement to pay the
modified Subscription fee amount.
7. Content
Our Service allows you to post, link, store, share and
otherwise make available certain information, text, graphics, videos, or other
material (“Content”). You are responsible for Content that you post on or
through Service, including its legality, reliability, and appropriateness.
By posting Content on or through Service, You
represent and warrant that: (i) Content is yours (you own it) and/or you have
the right to use it and the right to grant us the rights and license as
provided in these Terms, and (ii) that the posting of your Content on or
through Service does not violate the privacy rights, publicity rights,
copyrights, contract rights or any other rights of any person or entity. We
reserve the right to terminate the account of anyone found to be infringing on
a copyright.
You retain any and all of your rights to any Content
you submit, post or display on or through Service and you are responsible for
protecting those rights. We take no responsibility and assume no liability for
Content you or any third party posts on or through Service. However, by posting
Content using Service you grant us the right and license to use, modify,
publicly perform, publicly display, reproduce, and distribute such Content on
and through Service. You agree that this license includes the right for us to
make your Content available to other users of Service, who may also use your
Content subject to these Terms.
Color Ceramics Ltd has the right but not the
obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service
are the property of Color Ceramics Ltd or used with permission. You may not
distribute, modify, transmit, reuse, download, repost, copy, or use said
Content, whether in whole or in part, for commercial purposes or for personal gain,
without express advance written permission from us.
8. Prohibited
Uses
You may use Service only for lawful
purposes and in accordance with Terms. You agree not to use Service:
01. In any way that violates any
applicable national or international law or regulation.
02. For the purpose of exploiting,
harming, or attempting to exploit or harm minors in any way by exposing them to
inappropriate content or otherwise.
03. To transmit, or procure the sending
of, any advertising or promotional material, including any “junk mail”, “chain
letter,” “spam,” or any other similar solicitation.
04. To impersonate or attempt to
impersonate Company, a Company employee, another user, or any other person or
entity.
05. In any way that infringes upon the
rights of others, or in any way is illegal, threatening, fraudulent, or
harmful, or in connection with any unlawful, illegal, fraudulent, or harmful
purpose or activity.
06. To engage in any other conduct that
restricts or inhibits anyone’s use or enjoyment of Service, or which, as
determined by us, may harm or offend Company or users of Service or expose them
to liability.
Additionally, you agree not to:
01. Use Service in any manner that could
disable, overburden, damage, or impair Service or interfere with any other party’s
use of Service, including their ability to engage in real time activities
through Service.
02. Use any robot, spider, or other
automatic device, process, or means to access Service for any purpose,
including monitoring or copying any of the material on Service.
03. Use any manual process to monitor or
copy any of the material on Service or for any other unauthorized purpose
without our prior written consent.
04. Use any device, software, or routine
that interferes with the proper working of Service.
05. Introduce any viruses, trojan
horses, worms, logic bombs, or other material which is malicious or
technologically harmful.
06. Attempt to gain unauthorized access
to, interfere with, damage, or disrupt any parts of Service, the server on
which Service is stored, or any server, computer, or database connected to
Service.
07. Attack Service via a
denial-of-service attack or a distributed denial-of-service attack.
08. Take any action that may damage or
falsify Company rating.
09. Otherwise attempt to interfere with
the proper working of Service.
9. Analytics
We may use third-party Service Providers
to monitor and analyze the use of our Service.
10. No
Use By Minors
Service is intended only for access and
use by individuals at least eighteen (18) years old. By accessing or using
Service, you warrant and represent that you are at least eighteen (18) years of
age and with the full authority, right, and capacity to enter into this
agreement and abide by all of the terms and conditions of Terms. If you are not
at least eighteen (18) years old, you are prohibited from both the access and
usage of Service.
11. Accounts
When you create an account with us, you
guarantee that you are above the age of 18, and that the information you
provide us is accurate, complete, and current at all times. Inaccurate,
incomplete, or obsolete information may result in the immediate termination of
your account on Service.
You are responsible for maintaining the
confidentiality of your account and password, including but not limited to the
restriction of access to your computer and/or account. You agree to accept
responsibility for any and all activities or actions that occur under your
account and/or password, whether your password is with our Service or a
third-party service. You must notify us immediately upon becoming aware of any
breach of security or unauthorized use of your account.
You may not use as a username the name
of another person or entity or that is not lawfully available for use, a name
or trademark that is subject to any rights of another person or entity other
than you, without appropriate authorization. You may not use as a username any
name that is offensive, vulgar or obscene.
We reserve the right to refuse service,
terminate accounts, remove or edit content, or cancel orders in our sole
discretion.
12. Intellectual
Property
Service and its original content
(excluding Content provided by users), features and functionality are and will
remain the exclusive property of Color Ceramics Ltd and its licensors. Service
is protected by copyright, trademark, and other laws of and foreign countries.
Our trademarks may not be used in connection with any product or service
without the prior written consent of Color Ceramics Ltd.
13. Copyright
Policy
We respect the intellectual property
rights of others. It is our policy to respond to any claim that Content posted
on Service infringes on the copyright or other intellectual property rights
(“Infringement”) of any person or entity.
If you are a copyright owner, or
authorized on behalf of one, and you believe that the copyrighted work has been
copied in a way that constitutes copyright infringement, please submit your
claim via email to support@colorceramics.com, with the subject line.
14. Error
Reporting and Feedback
You may provide us either directly at
support@colorceramics.com or via third party sites and tools with information
and feedback concerning errors, suggestions for improvements, ideas, problems,
complaints, and other matters related to our Service (“Feedback”).
15. Links
to Other Web Sites
Our Service may contain links to third
party web sites or services that are not owned or controlled by Color Ceramics
Ltd.
Color Ceramics Ltd has no control over,
and assumes no responsibility for the content, privacy policies, or practices
of any third party web sites or services.
You acknowledge and agree that companyshall not be responsible or liable, directly or indirectly, for any damage or
loss caused or alleged to be caused by or in connection with use of or reliance
on any such content, goods or services available on or through any such third
party web sites or services.
We strongly advise you to read the terms
of service and privacy policies of any third party web sites or services that
you visit.
16. Disclaimer
of Warranty
These services are provided by company
on an “as is” and “as available” basis. Company makes no representations or
warranties of any kind, express or implied, as to the operation of their
services, or the information, content or materials included therein. You
expressly agree that your use of these services, their content, and any
services or items obtained from us is at your sole risk.
Neither company nor any person
associated with company makes any warranty or representation with respect to
the completeness, security, reliability, quality, accuracy, or availability of
the services. without limiting the foregoing, neither company nor anyone
associated with company represents or warrants that the services, their
content, or any services or items obtained through the services will be
accurate, reliable, error-free, or uninterrupted, that defects will be
corrected, that the services or the server that makes it available are free of
viruses or other harmful components or that the services or any services or
items obtained through the services will otherwise meet your needs or
expectations.
Company hereby disclaims all warranties
of any kind, whether express or implied, statutory, or otherwise, including but
not limited to any warranties of merchantability, non-infringement, and fitness
for particular purpose.
The foregoing does not affect any
warranties which cannot be excluded or limited under applicable law.
17. Limitation
of Liability
Except as prohibited by law, you will
hold us and our officers, directors, employees, and agents harmless for any
indirect, punitive, special, incidental, or consequential damage, however it
arises (including attorneys’ fees and all related costs and expenses of
litigation and arbitration, or at trial or on appeal, if any, whether or not
litigation or arbitration is instituted), whether in an action of contract,
negligence, or other tortious action, or arising out of or in connection with
this agreement, including without limitation any claim for personal injury or
property damage, arising from this agreement and any violation by you of any
federal, state, or local laws, statutes, rules, or regulations, even if company
has been previously advised of the possibility of such damage. Except as
prohibited by law, if there is liability found on the part of company, it will
be limited to the amount paid for the products and/or services, and under no
circumstances will there be consequential or punitive damages. Some states do
not allow the exclusion or limitation of punitive, incidental or consequential
damages, so the prior limitation or exclusion may not apply to you.
18. Termination
We may terminate or suspend your account and bar
access to Service immediately, without prior notice or liability, under our
sole discretion, for any reason whatsoever and without limitation, including
but not limited to a breach of Terms.
If you wish to terminate your account, you may simply
discontinue using Service.
All provisions of Terms which by their nature should
survive termination shall survive termination, including, without limitation,
ownership provisions, warranty disclaimers, indemnity and limitations of
liability.
19. Governing
Law
These Terms shall be governed and
construed in accordance with the laws of Bangladesh, which governing law
applies to agreement without regard to its conflict of law provisions.
Our failure to enforce any right or
provision of these Terms will not be considered a waiver of those rights. If
any provision of these Terms is held to be invalid or unenforceable by a court,
the remaining provisions of these Terms will remain in effect. These Terms
constitute the entire agreement between us regarding our Service and supersede
and replace any prior agreements we might have had between us regarding
Service.
20. Changes
to Service
We reserve the right to withdraw or
amend our Service, and any service or material we provide via Service, in our
sole discretion without notice. We will not be liable if for any reason all or
any part of Service is unavailable at any time or for any period. From time to
time, we may restrict access to some parts of Service, or the entire Service,
to users, including registered users.
21. Amendments
to Terms
We may amend Terms at any time by
posting the amended terms on this site. It is your responsibility to review
these Terms periodically.
Your continued use of the Platformfollowing the posting of revised Terms means that you accept and agree to the
changes. You are expected to check this page frequently so you are aware of any
changes, as they are binding on you.
By continuing to access or use our
Service after any revisions become effective, you agree to be bound by the
revised terms. If you do not agree to the new terms, you are no longer
authorized to use Service.
22. Waiver
and Severability
No waiver by Company of any term or
condition set forth in Terms shall be deemed a further or continuing waiver of
such term or condition or a waiver of any other term or condition, and any
failure of Company to assert a right or provision under Terms shall not
constitute a waiver of such right or provision.
If any provision of Terms is held by a
court or other tribunal of competent jurisdiction to be invalid, illegal or
unenforceable for any reason, such provision shall be eliminated or limited to
the minimum extent such that the remaining provisions of Terms will continue in
full force and effect.
23. Acknowledgement
By using service or other services
provided by us, you acknowledge that you have read these terms of service and
agree to be bound by them.
24. Contact
Us
Please send your feedback, comments and
requests for support by email: support@colorceramics.com.