Loomatix Ltd. (“Company”, “Loomatix”, “We”, “Us”, “Our”) is the solely owner and operator of Color Grab and its related services.
Our services (“Services”, “Service”) include the Color Grab's mobile applications (“Apps”), Color Grab's website and sub-websites (“Site”, “Sites”), or any other services as contents, features, applications we may provide in the future.
The Terms apply to all users of the Services, including developers, users who are also contributors of content, information, and other materials or services to Site, Sites or Apps.
THESE TERMS ALSO INCLUDE VARIOUS LIMITATIONS, EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
We reserves the right to modify or discontinue, temporarily or permanently, the services (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the services.
As for now, using our services does not require autonomous registration. Our services rely on the common third-party social-network services for the sharing process, and hence you shall only be registered to these third-party services, that’s depends solely on your decision. We, at our sole discretion, may require registration to some or all of the services at any time, including which are free and which are paid.
As for now, all the offered services are free. In the future certain advanced services may require paying fees. We, at our sole discretion, may change some or all of the services at any time, including which are free and which are paid. You acknowledge that we reserve the right to charge for the services and to change its fees from time to time. When service fee will be changed then you will be notified accordingly and will have the full rights to cease using the services. In addition, In the event we make a service free that was previously paid, you will not be entitled to any refunds.
In order to use the services, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem, mobile device or other access device.
There will be occasions when the Services and/or Sites will be interrupted for maintenance, upgrades and emergency repairs or due to failure of Service’s components (including but not limited failure of telecommunications, links, equipment and third-party services and platforms). Every reasonable step will be taken by us to minimize such disruption where it is within our reasonable control. You agree that Loomatix will not be liable in any event to you or any other party for any suspension, modification, discontinuance or lack of availability of the Services or Sites.
Loomatix may terminate or prohibit any use of the Site and/or Services, delete any User Content or and/or for any reason, or no reason, at any time in its sole discretion, with or without notice. To remove all doubts, Loomatix reserves the right, in its sole discretion and without notice, to discontinue any aspect of the Site and/or Services at any time.
Loomatix, Color Grab; the word, graphics, logos, and other service names are trademarks and copyright of Loomatix. You agree not to use, in any manner, these trademarks, without prior our written consent. You acknowledge and agree that we are and shall remain the exclusive owner of all right, title and interest in and to the services, including without limitation all patents, copyrights, trade secrets, trademarks, service marks, logos, trade names, and any other associated intellectual property rights, including any enhancements, modifications or additional features added from time to time by us. You will not remove, alter or obscure any copyright, trademark, trade names, service mark or other proprietary rights notices incorporated in or accompanying the services. Except for the right to use the services strictly in accordance with these terms, as amended or modified from time to time, no license or conveyance of any such proprietary rights to you is granted or implied under these Terms. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
In addition, without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Services, without the express written consent of Loomatix.
The Service integrates sharing capabilities that let you share your content (as described in the introduction section) through third-party services and platforms; i.e. the current widespread social-networks and cloud-services. This allows you to share your content instantly and without the need to create and manage multiple profiles in various different social platforms.
In order to take advantage of these features, and to be able to share your content, you need to have registered account in these third-party services. Our services may refer you to the third-party services. We may ask you to register for or log-in into these services on the websites of their respective providers. You acknowledge that we has no control over third-party services, and third-party services are provided to you “as-is”. We are not liable and not responsible in any way to the services you enable and get from these third-party platforms. By enabling third-party services within the service, you are allowing us to pass your log-in information to these relevant third-party service providers for this purpose. However, please remember that the manner in which third party services use, store and disclose your information is governed solely by the policies of those third parties, and Loomatix will have no liability or responsibility for the privacy practices or other actions of any third party site or service that you may enable.
In addition, Loomatix is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with third party services. As such, Loomatix is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party service. Loomatix enables these features merely as a convenience and the inclusion of such features does not imply an endorsement or recommendation.
In addition, links to third party sites may appear within the Services. Any linked sites are not controlled by us and may collect data or solicit personal information from you. We are not responsible for such linked sites, their content, business practices, goods and services or privacy policies, or for the collection, use or disclosure of any information by those sites. We provide such linked sites only as a matter of convenience and the inclusion of any link does not imply an endorsement by us of such linked sites.
You are fully responsible for the nature of the content you create or post. You need to ensure the content is proper and complying with the relevant third-party’s terms of services. You are not allowed to post or share inappropriate content and we are not liable in any way for the content you post or share. You acknowledge that Loomatix does not pre-screen content, and in practice we technically can’t do it, since the Color Grab applications connect directly to third-party services as stated above.
Loomatix does not assume any responsibility for any User Content or for any damage or harm it may cause in any way. As the Content is submitted to the Site by users, any Content anywhere on the Site and on the Services might include inaccurate, inappropriate, explicit, libel, private or otherwise offensive information. Loomatix has no control over any such User Content and it does not systematically monitor it or control it. Loomatix undertakes no responsibility for monitoring the Site or Services for inappropriate User Content or conduct. Please contact us to report any offensive Content. For further clarification see "Warranty Disclaimer and Limitation of Liability" below.
Please choose carefully any text, pictures, images, graphics, video, sound and audio, design, code, data, and any other content or works of authorship you supply to the Site or the Services in any manner whatsoever. Do not post or supply any Content you do not wish to make public.
As subset of this you agree not to post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that:
Users shall be solely responsible for their User Content and the consequences of posting or publishing it. The User Content on the Site and Services does not reflect the views or policies of Loomatix.
Loomatix reserves the right, in its sole discretion, to reject, refuse or remove, edit, amend, add to or change in any way any Content whatsoever from the Site or the Services or to restrict, suspend, or terminate any user's access to all or any part of the Site and the Services at any time, for any or no reason, with or without prior notice, and without liability. Users should be aware that whether or not User Content is published, the Site does not guarantee any confidentiality with respect to any User.
You agree not to do any of the following in connection with using the Services:
You are solely responsible for your interactions with other users. You understand that Loomatix does not in any way screen its users, nor does Loomatix inquire into their backgrounds. Loomatix makes no representations or warranties as to the conduct of users. In no event shall Loomatix be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Services, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users of the Services or persons you meet through the Services. You agree to take reasonable precautions in all interactions with other users of the Services, particularly if you decide to meet offline or in person. You should not provide your financial information (for example, your credit card or bank account information) to other users.
Please note that, without limitation, the term DAMAGES also mean bodily injury, emotional distress, and/or any other damages.
LOOMATIX PROVIDES THE SITE AND THE SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. LOOMATIX SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, INFORMATION ACCURACY, OR QUIET ENJOYMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU UNDERSTAND AND AGREE THAT YOU USE THE SITE, THE SERVICES AND THE APPS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT ARISE FROM SUCH USE. UNDER NO CIRCUMSTANCES SHALL LOOMATIX BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER (HOWEVER ARISING, INCLUDING BY NEGLIGENCE), INCLUDING WITHOUT LIMITATION, DAMAGES RELATED TO USE, MISUSE, RELIANCE ON, INABILITY TO USE AND INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE, THE SERVICES OR THE APPS, DAMAGES INCURRED THROUGH ANY LINKS PROVIDED ON THE SITE OR THE APPS AND THE NONPERFORMANCE THEREOF AND DAMAGES RESULTING FROM LOSS OF USE, SALES, DATA, GOODWILL OR PROFITS, WHETHER OR NOT LOOMATIX HAS BEEN ADVISED OF SUCH POSSIBILITY. YOUR ONLY RIGHT WITH RESPECT TO ANY DISSATISFACTION WITH THIS SITE, APPS OR SERVICES SHALL BE TO TERMINATE USE OF THIS SITE, APPS AND THE SERVICES. SOME STATES DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL THE SERVICE, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICE'S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR OTHER INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR OTHER MAL-WARE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE SERVICE OR THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.IN NO EVENT SHALL THE SITE, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICE'S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR OTHER INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR OTHER MAL-WARE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE SITE OR THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
THE SERVICE SHALL NOT BE HELD RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT (EITHER USER CONTENT OR SITE CONTENT, COLLECTIVELY OR SEPARATELY, HEREUNDER OR ABOVE - "CONTENT") PUBLISHED, SENT OR POSTED ON THE SITE OR SERVICES, WHETHER BY USERS OR ANYONE ON BEHALF OF THE SERVICE. ANY CONTENT ON THE SERVICE MAY CONTAIN LINKS TO OTHER WEBSITES. THE SITE IS NOT RESPONSIBLE FOR ANY CONTENT PUBLISHED ON SUCH SITES OR OPINIONS EXPRESSED ON SUCH SITES, INCLUDING BUT NOT LIMITED TO THEIR ACCURACY OR THEIR BEING KEPT UP TO DATE BY SUCH SITES.
USERS' USE OF THE SERVICES SHALL BE AT THE USERS SOLE RISK. USERS SPECIFICALLY ACKNOWLEDGE THAT THE SERVICE AND/OR COMPANY SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR OTHERWISE ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH SAID USERS.
You agree to defend, indemnify and hold harmless Loomatix, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any Intellectual Property right, property right and/or privacy right; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Service. This indemnification obligation will survive the termination of this Agreement.
The Terms represent the complete agreement concerning the license granted herein and the subject matter. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. The failure of either party to enforce at any time any of the provisions of the Terms will in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of either party to enforce each such provision thereafter. The express waiver by either party of any provision of the Terms will not constitute a waiver of any future obligation to comply with such provision. You may not transfer or assign your rights and obligations under the Terms without the prior written consent of Loomatix.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.