Agreement between User and Color My Wedding
Welcome to Color My Wedding . The ColorMyWedding.com website (the “Site”) is comprised of various web pages operated by Color My Wedding. ColorMyWedding.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of ColorMyWedding.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Color My Wedding (and ColorMyWedding.com) is an service and commerce company offering Fine Art Paintings, Commissioned Paintings, Reproductions, Other Products & Goods, Courses, Classes, Workshops, Resources, Consultations, Mentorships, and all other products or services
Rights to Artwork and Images
All artwork, images, and graphics are the sole property of Kate Franklin and may not be used by any third party without written permission.
Copying or reproducing artwork created by Kate Franklin (as seen on ColorMyWedding.com, or elsewhere) is strictly prohibited without written permission from the artist.
Color My Wedding retains all rights to all artwork until it has been purchased by a private or public collector at which time the collector receives the right to display the artwork in their home or business. Color My Wedding retains all rights to the image of all artwork including the rights to the image of sold & commissioned original paintings. Color My Wedding retains the right to make REPRODUCTIONS OF ANY AND ALL ARTWORK CREATED BY KATE FRANKLIN UNLESS THE COLLECTOR HAS PURCHASED THE FULL OR PARTIAL RIGHTS TO THE ARTWORK in addition to purchasing the original painting.
Collectors of reproductions have the right to display the artwork in their home or business but retain no other rights to the artwork.
Any image of the interior which includes the artwork in a 3rd party publication (such as social media, magazine, or book) must come with attribution (artwork title, artists name).
All other uses must be agreed to in advance in writing.
Electronic Communications
Visiting ColorMyWedding.com or sending emails to Color My Wedding constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Color My Wedding is not responsible for third party access to your account that results from theft or misappropriation of your account. Color My Wedding and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Color My Wedding does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use ColorMyWedding.com only with permission of a parent or guardian.
Cancellation/Refund Policy
Reproductions and non-original products: You may cancel your order within the first 24 hours. After 24 hours a 15% restocking fee will be applied. Returns and exchanges are handled on a case by case basis. We are not liable for any mishandling or failed delivery by the shipping service (USPS or UPS). Please contact [email protected] within 7 days of receiving your artwork.
Original Paintings: All sales of original artwork are final. Orders canceled within the first 24 hours will incur a 20% restocking & re-marketing fee. Returns or exchanges of original work are not available except for the most extreme situations.
Links to Third Party Sites/Third Party Services
ColorMyWedding.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Color My Wedding and Color My Wedding is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Color My Wedding is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Color My Wedding of the site or any association with its operators.
Certain services made available via ColorMyWedding.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the ColorMyWedding.com domain, you hereby acknowledge and consent that Color My Wedding may share such information and data with any third party with whom Color My Wedding has a contractual relationship to provide the requested product, service or functionality on behalf of ColorMyWedding.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use ColorMyWedding.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Color My Wedding that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair Color My Wedding or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Color My Wedding or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Color My Wedding content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Color My Wedding and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Color My Wedding or our licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated and administered by Color My Wedding from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Color My Wedding Content accessed through ColorMyWedding.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Color My Wedding , its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Color My Wedding reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Color My Wedding in asserting any available defenses.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Color My Wedding agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. COLOR MY WEDDING AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. COLOR MY WEDDING AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.
COLOR MY WEDDING AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COLOR MY WEDDING AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF COLOR MY WEDDING OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Color My Wedding reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of South Carolina and you hereby consent to the exclusive jurisdiction and venue of courts in South Carolina in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Color My Wedding as a result of this agreement or use of the Site. Color My Wedding’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Color My Wedding ‘s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Color My Wedding with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Color My Wedding with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Color My Wedding with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Color My Wedding reserves the right, in its sole discretion, to change the Terms under which ColorMyWedding.com is offered. The most current version of the Terms will supersede all previous versions. Color My Wedding encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Color My Wedding welcomes your questions or comments regarding the Terms:
Effective as of April 2020
