A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Should you fail to comply with all of the aforementioned requirements in your notice, your notice may not be valid.
It is our policy to terminate the accounts and/or membership of Users who are repeat infringers or who are repeatedly charged with infringement, in appropriate circumstances.
Termination
In the event that you are a registered user of the Site, you may terminate such registration by notifying the Site by sending e-mail to info@pikcolor.com. After receipt of your termination notice, we will terminate your account. We may terminate your access to the Services or your registration at any time in the event of a breach of these TOS by User or anyone accessing the Services using registered User’s username. We, at our sole discretion, may also terminate these TOS at any time without cause, and may suspend access to the Service with or without notice, to any User.
Indemnification
User agrees to indemnify and hold us, our parents, friends, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of User’s use of the Site, the violation of these TOS by User, or the infringement by User, or any other user of User’s account, of any intellectual property or other right of any person or entity.
Disclaimer of Warranties
You expressly understand and agree that:
Your use of the service is at your sole risk. The service is provided on an ”as is“ and ”as available“ basis. We hereby disclaim all warranties and conditions with regard to any materials posted in this web site or any other materials which are referenced by or linked to this web site, and/or expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
We make no warranty that
the Service will meet your requirements,
the Service will be uninterrupted, timely, secure, malware-free or error-free,
The results that may be obtained from the use of the service will be accurate or reliable,
The quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and
any errors in the software will be corrected.
any material downloaded, accessed, viewed or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
in no event shall we be liable for any special, direct, indirect, incidental, consequential damages, or for damages of any kind arising out of or in connection with the use or performance of information contained in any materials posted in this web site or in any other materials which are referenced by or linked to this web site, under any theory of liability used.
no advice or information, whether oral or written, obtained by you from us or the site or through or from the service shall create any warranty not expressly stated in the tos.
we reserve the right to change any and all content contained on the site at any time without notice. reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
Limitation of Liability
you expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from,
the use or the inability to use the service;
the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;
unauthorized access to or alteration of your transmissions or data;
statements or conduct of any third party on the service; or
any other matter relating to the service.
Exclusions And Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
Notice
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
General information
The TOS constitute the entire agreement between you and us and governs your use of the Service, superseding any prior agreements between you and us. You also may be subject to additional terms and conditions that may apply when you use our affiliate services, third-party content or third-party software. The TOS and the relationship between you and us shall be governed by the laws of the Region of Rhône-Alpes without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Lyon, Rhône-Alpes. The failure of us to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
Violations and Comments
Please report any violations of the TOS to abuse@pikcolor.com, titled, Abuse/Violation; or make any comments to info@pikcolor.com.
Last Updated Friday,&nbs-05:00; March 22nd 2024 - 00:04:23 AM