Terms of Use

Effective Date: January 31, 2020

These terms of use ("Terms", "Agreement") are an agreement between the Mobile Application Developer ("we", "us" or "our") referring to [Askold Romanov, ID 713291383, residing at 40-2-114 Novatorov str., Moscow, Russia 119421] and you ("User", "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the Mobile Application and any of its products or services (collectively, "Mobile Application" or "Services").

Please take your time to read this document carefully as it is very important to understand each provision of this document before accessing the Mobile Application or using this website. This way, you will be able to enjoy our Services and products in the best possible way.

BY ACCESSING AND USING OUR WEBSITE, BY DOWNLOADING, INSTALLING, AND/OR USING THE APP AND MAKING IN-APP PURCHASES, YOU UNCONDITIONALLY AND IRREVOCABLY AGREE TO THESE TERMS OF USE. IF YOU DISAGREE WITH ANY OF THESE TERMS OF USE, STOP USING AND UNINSTALL THE APP, AND DO NOT PROCEED TO MAKE IN-APP PURCHASES.

Privacy Policy

Please refer to our Privacy Policy for information on how we collect, use, and disclose information from our users. You acknowledge and agree that your use of the Mobile Application is subject to our Privacy Policy.

Age requirement

You must be at least 13 years of age to use this Mobile Application. By using this Mobile Application and by agreeing to this Agreement, you warrant and represent that you are at least 13 years of age.

Content

For the purposes of these Terms, “Content” means text, graphics, patterns, images, software, photographs, drawings, paintings, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the Mobile Application.

Content ownership

We and our licensors exclusively own all rights, title to, and interest in the Mobile Application and the Content, including all associated intellectual property rights. You acknowledge that the Mobile Application and its Content are protected by copyright, trademark, and other laws of the United States and other countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Mobile Application or the Content. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Mobile Application.

Rights in the Content granted by us

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy, display, and print the Content solely in connection with your permitted use of the Mobile Application and solely for your personal and non-commercial purposes, including, without limitation, to create colored pictures, photos, patterns, paintings, or drawings via the Mobile Application, save and share them with other users or other third parties via social media, blogs, and other online services or/and sites.

Rights in the Mobile Application granted by us

Subject to your compliance with these Terms, we grant you a limited non-exclusive, non-transferable, non-sublicensable license to download and install a copy of the Mobile Application on your mobile device and to use this copy of the Mobile Application solely for your own personal and non-commercial purposes. You may make a reasonable number of copies of the Mobile Application for backup or archival purposes only.

Unless provided otherwise in these Terms, you may not: (i) copy, modify the Mobile Application, or create derivative works based thereon; (ii) transfer, distribute, lease, lend, rent, or sublicense the Mobile Application to any third party; (iii) reverse engineer, disassemble, or decompile the Mobile Application; or (iv) use any means to make the features of the Mobile Application available to multiple users. We reserve all rights in and to the Mobile Application not expressly granted to you under these Terms.

Backups

We are not responsible for the Content residing in the Mobile Application. In no event shall we be held liable for any loss of any Content. It is your sole responsibility to maintain appropriate backup of your Content. Notwithstanding the foregoing, in certain circumstances we may, but are not obliged to, restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available.

Links to other mobile applications

Although this Mobile Application may link to other mobile applications, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked mobile application, unless specifically stated herein. Some of the links in the Mobile Application may be "affiliate links". This means that if you click on the link and purchase an item, the Mobile Application Developer will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their mobile applications. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any mobile application which you access through a link from this Mobile Application. Every time you use the link to any other off-site mobile application you do it at your own risk.

Prohibited uses

In addition to other terms set forth in these Terms, you are prohibited from using the Mobile Application or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related mobile application, other mobile applications, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related mobile application, other mobile applications, or the Internet. We reserve the right to terminate your use of the Mobile Application for violating any of the prohibited uses.

DMCA copyright infringement notice

The Mobile Application Developer respects the intellectual property of others and expects that the users of the Mobile Application feel the same way.

If you believe that your copyrighted content has been copied in a way that constitutes copyright infringement and it is accessible in the Mobile Application, you may notify our copyright agent as set forth in the Digital Millennium Copyright Act of 1998 ("DMCA"). To be effective under the DMCA, a notification of claimed infringement must be a written communication provided to our designated agent that includes substantially the following:

The full legal name and an electronic or physical signature of a person authorized to act on behalf of the owner of the content that is allegedly infringed.
Identification of the copyrighted content item claimed to have been infringed, or, if multiple copyrighted content items are covered by a single notification, a representative list of such items.
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 for the Mobile Application Developer to be able to locate the material.
Information reasonably sufficient for the Mobile Application Developer to be able to contact the complaining party, i.e., an address, a telephone number, and, if available, an email address at which the complaining party may be contacted.
A statement that the complaining party has a good-faith belief that the 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.

Deliver this Notice, with all items completed, to the Mobile Application Developer acting as a Designated Copyright Agent for the details given herein.

Warranty disclaimers

THE MOBILE APPLICATION AND THE CONTENT ARE PROVIDED “AS IS”, WITHOUT ANY WARRANTY. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DECLARE THAT WE DO NOT PROVIDE ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF NORMAL BUSINESS PRACTICE. We make no warranty that the Mobile Application will comply with your requirements or be available on an uninterrupted, secure, or error-free basis. We provide no warranties regarding the quality, timeliness, completeness, accuracy, truthfulness, or reliability of any Content.

Limitation of liability

To the fullest extent permitted by applicable law, in no event will the Mobile Application Developer, its affiliates, officers, directors, employees, agents, suppliers, or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover, or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence, or otherwise, even if the Mobile Application Developer has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of the Mobile Application Developer and its affiliates, officers, employees, agents, suppliers, and licensors relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to the Mobile Application Developer for one-month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

Indemnification

You agree to indemnify and hold the Mobile Application Developer and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages, or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Mobile Application or the Services or any willful misconduct on your part.

Severability

All rights and restrictions contained in these Terms may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render these Terms illegal, invalid, or unenforceable. If any provision or portion of any provision of these Terms shall be held to be illegal, invalid, or unenforceable by a court of competent jurisdiction, the remaining provisions or portions thereof shall constitute the agreement between the parties with respect to these Terms, and all such remaining provisions or portions thereof shall remain in full force and effect.

Dispute resolution

The development, interpretation, and execution of these Terms and the resolution of any disputes arising out of them shall be governed by the substantive and procedural laws of the Russian Federation without regard to its rules on conflicts or choice of law. The state and federal courts of the Russian Federation have the exclusive jurisdiction and are the appropriate venue for any actions related to any matters arising out of these Terms, and you hereby submit to the jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to these Terms. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

Third parties

The Mobile Application Developer and you acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. Moreover, you must comply with all applicable third-party terms of agreement when using the Mobile Application.

Subscription

Although the Mobile Application is free, it offers subscriptions as in-app purchases. Weekly, monthly, and annual subscription options are available. The subscription gives you access to all premium pictures, the free-coloring palette, and inifite use of magic wand, color splash and paint can. You can also add pictures to Favorites and color them offline. No ads. In order to play offline, just add a picture to your Favorites while online.

Every subscription plan has a 3-day free trial period. When the free trial is over, the subscription starts and the user will be charged via the user's Apple ID or Google Play Account. Subscription automatically renews unless cancelled at least 24 hours before the end of the current period. You can manage your subscription in Apple ID or Google Play Settings.

Changes and amendments

We may update these Terms from time to time in our discretion and will notify you of any material changes. When changes are made, we will post a notification in our Mobile Application. We may also provide notice to you in other ways in our discretion, e.g. through contact information you have provided. Any updated version of these Terms will be effective immediately after the revised Terms have been posted unless otherwise specified. Your continued use of the Mobile Application or the Services after the effective date of the revised Terms (or such other act specified at that time) will constitute your consent to those changes.

Contacts

If you would like to learn more about these Terms or wish to contact us concerning any matter relating to them, you may email us at tos@colorain.app

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