ColorNet Application Portal
Terms & Conditions of Use

Welcome to the ColorNet Application Portal ("this portal"), a service of ColorNet Inc. (either "we" or "us"). These Terms & Conditions govern your usage of this portal.

By using or signing up to use this portal, you signify that you agree to these Terms & Conditions of Use, and you agree to receive notices and terms from us electronically. If you do not agree, then do not use this portal.

1. Changes to the Terms of Use.

We may change these Terms & Conditions of Use at any time. You can review the most current version of these terms by clicking on the "Terms & Conditions of Use" hypertext link located at the bottom of our the public homepage, located at http://www.colornet.com/portal. If we make changes, you are bound by the new terms if you continue to use this portal.

2. Registration.

This portal is intended for general audiences. You do not need to sign up to visit this portal; however, you will need to register if you want to participate on the site, such as to post comments or personalize settings. If you sign up to use this portal, you agree to provide us with current and true information, and you must be legally competent to enter into contracts. You also agree to keep your registration information up to date.

3. Additional Terms.

This portal may offer features and sites where you can upload or download files. You agree that these features may be subject to supplemental rules that will be binding.

4. Electronic Delivery Policy and Your Consent.

You authorize us to provide you with required notices, agreements and information concerning this portal electronically. We will provide you our notices either by sending them to the e-mail address that you give to us or by posting the notices on the public home page of this portal, or on the relevant web page of the applicable service. If you want to withdraw your consent to receive notices electronically, you must discontinue your use of this portal.

5. Privacy Policy.

We may collect information about your perferences and use of this portal, for the purposes of personalization, to provide targeted content, and for support and management, as we deem necessary and at our discretion. This may involve depositing cookies on your computer. If you reject cookies from this portal, this portal may cease to function correctly, and you should discontinue its use immediately. We may also store information about your preferences and use of this portal in electronic databases, although we will not knowingly and willingly make that information available to any third parties in a manner that is directly attributed to your identity -- such as by including it with your name or e-mail address -- without your prior consent. We do reserve the right to make available any usage or personalized information which is not directly attributed to you, or any other individual user, to any other third party. If this policy, in whole or in part, is in any way in a violation of local laws, you agree to discontinue use of this portal immediately.

6. Changes to this Portal.

We may discontinue, in whole or in part, any service or feature on this portal, at any time and without notice.

7. Access Costs.

You must provide, at your own expense, the equipment and Internet connections that you will need to access and use this portal. If you access this portal through a telephone line, please call your local phone company to determine if the access numbers you select are subject to long distance or other toll charges at your location. Also, wireless, data or text messaging charges apply if you access this portal through wireless applications (e.g., cell phones). Check with your carrier to verify whether there are any such fees that may apply to you.

8. Your Responsibilities.

You may use this portal for lawful purposes only. You may not submit, offer links from, or transmit through this portal, any material, or otherwise engage in any conduct that:

• violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
• is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, obscene, pornographic, invasive of another's privacy, tortious, or contains explicit or graphic descriptions, or accounts of, sexual acts;
• victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
• impersonates any person, business or entity, including our employees and agents;
• contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
• encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
• offers, promotes or encourages betting or wagering prohibited by law;
• violates these Terms & Conditions of Use, guidelines, or any policy posted on this portal, or interferes with the use of this portal by others.

You may not use this portal in a way that could damage or impair our servers or networks. You may not interfere with any other party's use and enjoyment of this portal. You may not attempt to gain unauthorized access to our services, user accounts, computer systems or networks. We may take any legal and technical remedies to prevent the violation of these Terms & Conditions of Use.

9. No Spam.

You may not use this portal, or any of our communication tools, to transmit, directly or indirectly, any unsolicited bulk communications (including e-mails and instant messages). You may not harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not induce or allow others to use this portal to violate the terms of this section. We may terminate your access to or use of this portal immediately -- and take any other legal action -- if you, or anyone using your access to this portal violates these provisions. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining within our computer or communications networks.

10. Proprietary Rights.

We, our suppliers, and our users who lawfully post text, messages, information, software, images, audio and video ("Content") on this portal own the property rights to that Content. The Content is protected by international treaties, and by copyright, trademark, patent, and trade secret laws and other proprietary rights.

11. License To Use This Portal.

You may use This Portal and the Content offered on This Portal only for personal, non-commercial purposes. You may use Content offered for downloading, such as photos and music, for personal use only and subject to the rules that accompany that particular Content. You may not use the Content in a manner that exceeds the rights granted for your use of the Content. You may not use any data mining, robots, or similar data gathering and extraction tools on the Content, frame any portion of This Portal or Content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without our prior written consent. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content.

12. Content You Post To Public Areas.

Certain areas of this portal may allow you to post Content that can be accessed and viewed by others, including the public in general. You may only post Content to public areas on this portal that you created or that you have permission to post. You may not post Content that violates these Terms & Conditions of Use. We do not claim ownership of any Content that you may post. However, by submitting Content to public areas of this portal, you grant us, our owners, affiliates, and distributors the right to use, copy, display, perform, distribute, adapt and promote this Content in any medium.

13. No Duty To Monitor.

You agree that we are not liable for Content that is provided by others. We have no duty to pre-screen Content, but we have the right to refuse to post or to edit submitted Content. We reserve the right to remove Content for any reason, but we are not responsible for any failure or delay in removing such material.

14. Making Claims Of Copyright Infringement.

We respect the intellectual property of others. If you believe that your work has been copied and is accessible on this portal in a way that constitutes copyright infringement, please contact us immediately to report possible copyright infringement so that we may take appropriate action as required by applicable copyright law.

15. Third Party Sites; Advertisers.

This portal may include links to third party websites, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links do not mean that we endorse these third party sites or services. We are not responsible or liable for any Content or other materials on these third party sites. Any dealings that you have with advertisers found on this portal are between you and the advertiser, and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser.

16. Use Of Software.

We may make software available for you to download or use. Such software will be subject to the terms of the license agreement that accompanies it. If there is no license agreement presented to you with the software, then the following license, in addition to these other Terms & Conditions of Use, govern your use of such software. We grant you a personal, non-exclusive, non-transferable, limited license to install the software on any single computer. The software is protected by copyright and other intellectual property laws and treaties and is owned by us or our suppliers. You may not sell or redistribute the software. You may not incorporate it or any portion of it into another product. You may not reverse engineer, decompile, or disassemble the software or otherwise attempt to derive the source code (except where expressly permitted by law). You may not modify, adapt, or create derivative works from the software in any way or remove proprietary notices in the software. You agree to abide by all laws and regulations in effect regarding your use of the software. You may not authorize or assist any third party to do any of the things prohibited in this paragraph.

We may automatically check your version of the software and update it to improve its performance and capabilities. If you shut down the software during an automatic update or otherwise interfere with the installation of the update, the software may be damaged and/or cease to operate.

You agree to fully comply with all import and export laws, regulations, rules and orders of the United States, or any foreign government agency or authority, and that you will not directly or indirectly export, re-export, transfer and/or release the software, related technology, or any product thereof, for any proscribed end-use, or to any proscribed country, entity or person (wherever located), without proper authorization from the U.S. and/or foreign government. You bear responsibility for and assume all expenses relating to your compliance with the described laws, regulations, rules and orders, and for obtaining all necessary authorizations and clearances. You further agree to assume responsibility for and bear all expenses relating to your compliance with the described laws, regulations, rules and orders, and obtaining all necessary authorizations and clearances.

17. Disclaimer Of Warranties.

We provide this portal "as is, with all faults" and "as available." We and our suppliers make no express warranties or guarantees about this portal. To the Extent Permitted by Law, We and Our Suppliers Disclaim Implied Warranties That We and All Software, Content and Services Distributed Through This Portal Are Merchantable, of Satisfactory Quality, Accurate, Timely, Fit for a Particular Purpose or Need, or Non-Infringing. We Do Not Guarantee That This Portal Will Meet Your Requirements, Is Error-Free, Reliable, Without Interruption or Available at All Times. We Do Not Guarantee That the Results That May Be Obtained from the Use of This Portal, Including Any Support Services, Will Be Effective, Reliable, Accurate or Meet Your Requirements. We Do Not Guarantee That You Will Be Able to Access or Use This Portal (Either Directly or Through Third-Party Networks) at Times or Locations of Your Choosing. No Oral or Written Information or Advice Given by Any of Our Representatives Shall Create a Warranty. You may have additional consumer rights under your local laws that this contract cannot change.

18. Limitation of Liability.

Your Exclusive Remedy Regarding Any Software Provided by Us Shall Be the Replacement of Any Such Software Found to Be Defective. Your Sole and Exclusive Remedy for Any Other Dispute With Us Is to Discontinue Your Use of This Portal. In No Event Shall Our Liability, or the Liability of Our Owners and Our Suppliers for Any and All Claims Relating to the Use of This Portal Exceed the Total Amount of Service Fees That You Paid Us During a One-Year Period for the Specific Service at Issue.

We, Our Owers, and Our Suppliers Shall Not Be Liable for Any Indirect, Special, Incidental, Consequential or Exemplary Damages Arising from Your Use of, Inability to Use, or Reliance Upon This Portal. These Exclusions Apply to Any Claims for Lost Profits, Lost Data, Loss of Goodwill, Work Stoppage, Computer Failure or Malfunction, or Any Other Commercial Damages or Losses, Even if We Knew or Should Have Known of the Possibility of Such Damages. Because Some States or Jurisdictions Do Not Allow the Exclusion or the Limitation of Liability for Consequential or Incidental Damages, in Such States or Jurisdictions, Our Liability, and the Liability of Our Owners and Suppliers, Shall Be Limited to the Extent Permitted by Law.

19. Indemnification.

Upon a request by us, you agree to defend, indemnify, and hold harmless us, and all owners and operators of this site, and other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of this portal. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

20. International Use.

We make no representation that Content on this portal is appropriate or available for use in locations outside the United States, and accessing it from territories where the Content is illegal is prohibited. If you choose to access this portal from a location outside the U.S., you do so on your own initiative, and you are responsible for compliance with local laws.

Please Note That by Agreeing to These Terms & Conditions of Use, You Are: (1) Waiving Claims That You Might Otherwise Have Against Us Based on the Laws of Other Jurisdictions, Including Your Own; (2) Irrevocably Consenting to the Exclusive Jurisdiction of, and Venue in, State or Federal Courts in the State of New York over Any Disputes or Claims You Have With Us; and (3) Submitting Yourself to the Personal Jurisdiction of Courts Located in the State of New York for the Purpose of Resolving Any Such Disputes or Claims.

21. Termination.

We reserve the right to terminate your access to this portal at any time. We will automatically terminate your access if you violate these Terms & Conditions of Use, or any rules or guidelines posted in connection with this portal. We also reserve the right, in our sole discretion, to terminate your access to this portal, in all or in part, for any reason, with or without notice.