Terms of Service

General Terms of Use

1. ACCEPTANCE OF TERMS OF USE

1.1 Welcome to Unique Coloring, a website celebrating black history and culture.

1.2 Your use of the Unique Coloring website, any of the services, goods, products, and/or software offered on or through such website is subject to these General Terms of Use (the “Terms of Use”) in effect at the time of your use. Unique Coloring reserves the right to update and change these Terms of Use from time to time without notice or acceptance by you, so please check this page frequently for updates and changes.

1.3 Your use of the site is also subject to the Unique Coloring Privacy Policy in effect at the time of your use, which is incorporated herein as though set forth in full. You can review the most current version of the Unique Coloring Privacy Policy by clicking here at any time.

1.4 By making any use of the site, you signify your irrevocable acceptance of these Terms of Use and the Unique Coloring Privacy Policy in effect at the time of your use.

1.5 The site is not intended for users under the age of thirteen (13). By making any use of the site, you represent and warrant that you are at least thirteen (13) years of age.

2. REGISTRATION, ACCOUNT INFORMATION, AND SECURITY

2.1 You may need a username to use or access all or portions of the site or services offered on the site. When you register to use any part of the site, you must provide true, accurate, current, and complete information about yourself and maintain and promptly update your account information to keep it true, accurate, current and complete. Unique Coloring may refuse to grant you an account that impersonates someone else, or is or may be protected by trademark or proprietary rights laws, or is offensive, vulgar, or otherwise inappropriate as determined by Unique Coloring.

2.2 You are responsible for maintaining control over access to your account, including the confidentiality of your account log-in and password, and are responsible for all activities that occur on or through your account, whether authorized by you or not. Unique Coloring will not be liable for any loss or damage arising from your failure to maintain control over access to your account.

3. USER-SUBMITTED CONTENT AND CONTENT LICENSES

3.1 You acknowledge that Unique Coloring does not pre-screen user-submitted content on the site, but that Unique Coloring and its designees have the right (but not the obligation) in their sole discretion to refuse to post any user-submitted content to, and to remove any previously-posted user-submitted content from, the site.

3.2 You will evaluate, and bear all risks associated with, the use of any user-submitted content, including any reliance on the accuracy, completeness, or usefulness of such content, and you understand that all user-submitted content is the sole responsibility of the person from which such content originated. Unique Coloring does not control the user-submitted content posted via the site and, as such, does not guarantee the accuracy, integrity, or quality of such content.

3.3 You understand that by using the site, you may be exposed to user-submitted content that is offensive, indecent, or objectionable. Under no circumstances will Unique Coloring be liable in any way for any user-submitted content, including, but not limited to, for any errors or omissions in any such content, or for any loss or damage of any kind incurred as a result of the use of any such content.

3.4 Unique Coloring does not claim ownership over the content you post on or through the site. After posting your content, you continue to retain your ownership of your content and you continue to have the right to use and license your content in any way you choose. But by using the site, you are granting Unique Coloring an irrevocable, perpetual, nonexclusive, worldwide, royalty-free, sublicensable, and transferable right and license to use, reproduce, create derivative works of, distribute, redistribute, syndicate, publicly perform and publicly display your content in any medium, and through any form of technology or distribution, now known or hereafter devised. Unique Coloring owns all rights, titles, and interests in any compilation, collective work, or other derivative work created by Unique Coloring that incorporates your content.

3.5 When you use a service on any site that allows end-users to share, transform, adapt, or combine user content with other content, you grant Unique Coloring and Unique Coloring’s end-users an irrevocable, perpetual, nonexclusive, worldwide, royalty-free, sublicensable, and transferable right and license to use, reproduce, create derivative works of, distribute, redistribute, syndicate, publicly perform and publicly display your content in any medium and through any form of technology or distribution.

3.6 You understand that you are responsible for all content that you post, upload, transmit, email, or otherwise make available on, through, or in connection with the site. Please consider carefully the content that you post on or through the site. You must not post any content that:

- is unlawful, threatening, abusive, obscene, harassing, defamatory or libelous; - violates the rights of others, including copyrights, trademarks, privacy, publicity or other proprietary rights; - offers any commercial activities, such as selling or buying products; - offers professional advice, including medical, legal or investment advice; - you know to be confidential or in violation of any laws; or - is intentionally false or misleading.

4. USE OF UNIQUE COLORING SITES AND MATERIALS

4.1 You may not frame or utilize framing techniques to enclose any Site, or any individual element or materials within any Site, without Unique Coloring's express written consent.

4.2 You may not use any circumvention tools, meta tags or any other "hidden text" utilizing Unique Coloring's name or any of its trademarks, service marks, URLs, service names or product names without Unique Coloring's express written consent.

4.3 All materials transmitted or published by Unique Coloring on this Site (other than user-submitted content and other than Third Party Content, as defined in section 13 below) (collectively "Unique Coloring Materials") are owned by Unique Coloring, its subsidiaries or affiliated companies, and are protected by United States and international copyright laws. Any copying, uploading, reproduction, transmittal, modification or redistribution of, or the creation of derivative works based on, Unique Coloring Materials without Unique Coloring’s express written consent is strictly prohibited.

5. CANCELLATION AND TERMINATION

5.1 Unique Coloring, in its sole discretion, may terminate your password and/or account and/or remove and discard any content within any of the site for any reason, including and without limitation, lack of use, or if Unique Coloring believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use or the Unique Coloring Privacy Policy. In such event, any contracts, verbal or written or assumed, in conjunction with your account and all its parts, at Unique Coloring’s discretion, will be terminated as well.

5.2 Unique Coloring, in its sole discretion and at any time, may discontinue providing the site, or any part thereof, with or without notice. Any termination of your access to the site for violation of any provision of these Terms of Use may be effected without prior notice. Unique Coloring may immediately deactivate or delete your account, as applicable, and all related information and content and bar any further access to such information, content or to the site. Unique Coloring will not be liable to you or any third party for any termination of your access to the site.

5.3 After cancellation or termination of your account for any reason, you will no longer have access to your account and all information and content in your account or that you have stored on the site may be deleted by Unique Coloring. Unique Coloring will have no liability for information or content that is deleted due to the cancellation or termination of your account for any reason.

6. INTERSTATE AND INTERNATIONAL USE

6.1 In using the site to send electronic communications, and as a result of Unique Coloring's network architecture and business practices and the nature of electronic communications in general, you acknowledge that your communications may constitute interstate or international communications and/or data transmissions regardless of where you are physically located at the time of transmission.

6.2 The site are hosted in the United States. If you use any of the site from outside of the United States, you are voluntarily transferring information (potentially including personally-identifiable information) and content to the United States and agreeing that Unique Coloring's collection, use, storage and sharing of your information and content is exclusively subject to the laws of the United States, not of the jurisdiction in which you are located.

6.3 You will comply with all United States laws, rules and regulations applicable to the export of products, services, software and technical data regardless of the jurisdiction in which you are located.

7. ADVERTISING AND ADVERTISERS

7.1 The site may include advertisements for third party advertisers.

7.2 Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Unique Coloring is not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the site.

8. LINKS

8.1 The site may provide, or third parties may provide, links to other content, products, services or websites which are not owned or operated by Unique Coloring. Because Unique Coloring has no control over such content, products, services or websites, Unique Coloring is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Unique Coloring will 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, products, services or websites.

8.2 Please note that some of the links on the site are affiliate links, which means that Unique Coloring has a financial relationship with such company and Unique Coloring may get paid a commission if consumers choose to purchase products or services accessed through the affiliate links on our site.

9. INDEMNITY

9.1 You will indemnify and hold Unique Coloring, and its subsidiaries, affiliates, officers, agents, clients, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your content, your use of the site, your connection to the site, your violation of these Terms of Use or the Unique Coloring Privacy Policy, or your violation of any rights of another, whether you are a registered user or not.

10. RESALE OF THE SITES

10.1 You may not reproduce, duplicate, copy, sell, resell or exploit any portion of, use of or access to the site without the express permission by Unique Coloring.

11. MODIFICATIONS TO THE SITES

11.1 Unique Coloring reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the site (or any part thereof) with or without notice at any time. You agree that Unique Coloring will not be liable to you or to any third party for any modification, suspension or discontinuance of the site.

12. CONFIDENTIAL INFORMATION AND PROPRIETARY RIGHTS

12.1 The site contain proprietary information that is protected by applicable intellectual property and other laws. Content contained in sponsor advertisements or information presented to you through the site or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by the right holder, you will not modify, rent, lease, loan, sell, distribute or create derivative works based on the site or any advertiser's content, in whole or in part.

12.2 Unless otherwise agreed in writing by Unique Coloring, any material, information or idea you transmit to Unique Coloring by any means may be disseminated or used by Unique Coloring or its affiliates without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products.

13. THIRD PARTY SERVICES, APPLICATIONS AND CONTENT

13.1 The site may include third party software applications and services ("Third Party Applications") and/or may incorporate or provide access to certain content made available by Unique Coloring’s clients and other third parties ("Third Party Content"). Unique Coloring does not control Third Party Applications and Third Party Content, and is not responsible or liable to you for any Third Party Applications or Third Party Content. By using the Site, you acknowledge and agree that you are directing us to access and transmit to you Third Party Content and Third Party Applications. Your access to or receipt of Third Party Content or Third Party Applications via the site does not imply our endorsement of, or our affiliation with any provider of, such Third Party Content or Third Party Applications. Further, your use of Third Party Content or Third Party Applications may be governed by additional terms and conditions that are not set forth in these Terms of Use or the Unique Coloring Privacy Policy. These Terms of Use do not create any legal relationship between you and the providers of such Third Party Content or Third Party Applications and nothing in this Agreement shall be deemed to be a representation or warranty by us, or any of our affiliates with respect to any Third Party Content or Third Party Applications. YOUR ACCESS TO AND USE OF THIRD PARTY WEB SITES, APPLICATIONS, CONTENT AND RESOURCES IS AT YOUR OWN RISK.

14. DISCLAIMER OF WARRANTIES

14.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF THE SITES IS AT YOUR SOLE RISK. THE SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. UNIQUE COLORING EXPRESSLY DISCLAIMS 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.

(b) UNIQUE COLORING WILL MAKE REASONABLE EFFORTS TO MAINTAIN ITS SITES, HOWEVER, UNIQUE COLORING IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE SITES, OR OTHER INTERACTION WITH THE SITES. UNIQUE COLORING DOES NOT WARRANT THAT (i) ITS SITES WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) ITS SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ITS SITES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SITES WILL BE CORRECTED.

(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES IS DONE AT YOUR OWN DISCRETION AND RISK. 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.

(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SITES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

15. NO CLASS ACTIONS; NO JURY TRIAL.

You agree to resolve any dispute arising out of or relating to your use of the site or these Terms of Service site as an individual and not as a class or join any class. You understand that, in return for your agreement to this provision, Unique Coloring is able to offer the site on the terms set forth herein, and that your agreement to this provision is indispensable consideration. You also acknowledge and understand that, with respect to any dispute arising out of or relating to your use of the site or these Terms of Service:

YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and

YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.

16. LIMITATION OF LIABILITY

16.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT NONE OF UNIQUE COLORING, ITS SUBSIDIARIES, AFFILIATES, CLIENTS, CO-BRANDERS OR OTHER PARTNERS WILL BE LIABLE FOR DIRECT DAMAGES IN EXCESS OF $20 OR FOR ANY 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 UNIQUE COLORING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITES; (ii) 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 SITES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR THROUGH THE SITES; OR (v) ANY OTHER MATTER RELATING TO THE SITES, SERVICES OR SOFTWARE.

16.2 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 OF LIABILITY MAY NOT APPLY TO YOU.

17. U.S. EXPORT CONTROLS

17.1 Software available in connection with the Site is further subject to United States export controls. No software may be downloaded from the Site or otherwise exported or re-exported in violation of U.S export laws. Downloading or using software from the Site is at your own risk.

18. GENERAL

18.1 Notices to you may be made via either email or regular mail. Unique Coloring may also provide notices of changes to these Terms of Use or other matters by displaying notices or links to notices to you generally on the site.

18.2 These Terms of Use and the relationship between you and Unique Coloring will be governed by the laws of the State of California without regard to its conflict of law provisions. Except for any dispute where Unique Coloring must enforce its intellectual property rights, which may be resolved in any court of competent jurisdiction, any dispute with us, or our parents, subsidiaries, affiliates, officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through non-appealable arbitration with one arbitrator in accordance with the rules of the American Arbitration Association in San Francisco, CA. If travelling to San Francisco is a burden, you may participate in the arbitration by phone, online, or via document submission to the fullest extent allowable by the arbitrator. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and in that case, we will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees).

18.3 The failure of Unique Coloring to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. These Terms of Use constitute the entire agreement between you and Unique Coloring and governs your use of the site, superseding any prior agreements between you and Unique Coloring (including, but not limited to, any prior versions of these Terms of Use). If any provision of these Terms of Use or incorporated documents are 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 these Terms of Use will remain in full force and effect.

18.4 Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

18.5 The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

19. COPYRIGHT INFRINGEMENT

19.1 Copyright Infringement Notices. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that material on any of the site violates your copyright, you may send Unique Coloring’s copyright agent a copyright infringement notice. The DMCA requires that your notice must be in writing and must include substantially all of the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

2. 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.

3. 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 Unique Coloring to locate the material. Unique Coloring requests that complete URLs for each instance of the allegedly infringing material be provided.

4. Information reasonably sufficient to permit Unique Coloring to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.

5. A statement that you have 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.

6. A statement that the information in the copyright infringement notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Any notice that fails to comply with above requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.

Your written copyright infringement notice must be sent to Unique Coloring’s designated copyright agent via mail, fax or email.

Please note that, for security reasons, email attachments may be blocked, so please do not include any attachments if you send your notice via email. Please be aware that Section 512(f) of the Copyright Act provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

19.2 Copyright Abuse Policy. Unique Coloring will terminate, in appropriate circumstances at our discretion, account holders of Unique Coloring’s system or network who repeatedly infringe, or are repeatedly charged with infringing, the copyrights or other intellectual property rights of others.

Last updated September 28, 2021.