Site icon ColorBase

Terms Of Use

TERMS OF USE COLORBASE.COM

Last updated: 19th of November 2021

  • 1. DEFINITIONS
  • The following terms shall be understood to mean the following:
    User The individual that registers an account with Color Concepts to use the Website and interact with the functionalities thereof, including but not limited to the Services and/or paid services.
    Color Concepts Color Concepts B.V., with its registered office at the address Rivium Boulevard 184 (2909 LK) in Capelle aan den IJssel, the Netherlands (Dutch Chamber of Commerce number: 24345285).
    Confidential Information All information in written, digital or any other tangible form which relates to all aspects of the Website, the Services or technology of Color Concepts and, where applicable, User, as well as administrative, financial, operational or any other arrangements of either party and which is marked or expressly stated as confidential.
    Downtime The total accumulated time during which the Website is without external connectivity, meaning without bi-directional network traffic over supported protocol.
    GDPR Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.
    IPRs The intellectual property rights including but not limited to copyright, patent application(s) and patents and includes, if any, divisionals, substitutions, continuations, continuations-in-part thereof, and the patents ensuing therefrom, and any reissues, re-examinations and extensions thereof, and any foreign counterparts of all of the foregoing, registered or unregistered design rights, trademarks, database rights and trade secrets.
    Services The host of tools featured on the Website aimed at the visual communication industry, delivering content created by Color Concepts and/or its subsidiaries, agents, or affiliates, as well as content created by participating partners to make available to Users of the Website.
    Terms of Use These Terms of Use for Colorbase.com that apply to every use of the Website.
    Profile The information about the usability and performance of various inks when printed on various substrates or media types that help facilitate optimal print settings for best quality printer output when giving consideration to factors such as but not limited to speed, temperature, ink limits, etc.
    User Content Any and all content uploaded to the Website or the Website by a User, including but not limited to Profiles, videos, pictures, drawings, comments, specifications, announcements, offers, orders or other content.
    Website The website hosting the Services as accessible via the URL www.colorbase.com and/or any of its sub-domains or development testing domain(s) or its sub-domains.
  • 2. APPLICABILITY OF THESE TERMS OF USE
    • 2.1. These Terms of Use for Colorbase.com (“Terms of Use”) shall apply to any and all use of the Website by User.
    • 2.2. The headings in these Terms of Use are for convenience only and shall not affect the interpretation of their respective clauses.
    • 2.3. Deviations from these Terms of Use are hereby expressly rejected, unless they have been explicitly agreed in writing between Color Concepts and User.
  • 3. CONDITIONS TO USE THE WEBSITE
    • 3.1. User is obliged to comply with the provisions of these Terms of Use and any further instructions from Color Concepts related to the use of the Website.
    • 3.2. User guarantees that the information and data (including User Content) provided by him or her is accurate, complete, reliable and up to date.
    • 3.3. Color Concepts has the right but not the obligation to check the accuracy of information and data provided and to remove information and data from User if it turns out to be inaccurate or the accuracy thereof is not established.
    • 3.4. User is not allowed to:
      • 3.4.1. upload or transmit viruses or other malicious codes;
      • 3.4.2. disrupt the functioning of the Website or use software that could disrupt the functioning of the Website;
      • 3.4.3. initiate or allow to continue processes which he or she reasonably suspects will hinder other Users, internet Users in general or adversely affect the use of the Website;
      • 3.4.4. generate unsolicited email advertisements or spam;
      • 3.4.5. present himself or herself as another User;
      • 3.4.6. make deceitful or misleading presentations or offers;
    • 3.5. If Color Concepts discovers or reasonably suspects that User is acting in violation of this article, Color Concepts has the right to block the account and access of User, suspend any paid-services of User where applicable, and/or to recover from User any damage suffered by Color Concepts as a result, without any liability of Color Concepts for damages on the part of User.
  • 4. ACCOUNT REGISTRATION
    • 4.1. In order to make use of the Website, the registration of an account is mandatory. User may register an account via the “Register” button on the Website.
    • 4.2. The acceptance of these Terms of Use and the ColorBase Privacy and Cookie Statement shall be required for the registration of User to qualify for an account on the Website.
    • 4.3. The Website may offer paid services to User. In cases where User opts for (a) paid service(s), the acceptance of the ColorBase.com Terms and Conditions for Paid Services shall be required of User to qualify for a paid service on the Website through his or her account.
    • 4.4. By registering with Color Concepts in the Website, User declares that he or she has ever been convicted of computer crime or any other criminal offense or fraud.
    • 4.5. Color Concepts reserves the right to verify and validate the registration of User and to refuse or unilaterally terminate the registration without giving reasons.
  • 5. ACCOUNT LOGIN DETAILS; ACCOUNT SECURITY
    • 5.1. With one certain email address, an account can only be created and activated once. An account is strictly personal, non-transferable and linked to the User who activated the account.
    • 5.2. The password chosen by User in combination with the email address provided is necessary in order to log on to the account and thus gain access to the Website and to be able to use the functionalities of the Website, the Services and, where applicable, the paid services offered thereon.
    • 5.3. User guarantees that the data he or she provides in the context of his or her account as well as any further action related to the use of the Website is correct, complete and up to date. Any changes in the data must be immediately communicated in writing to Color Concepts.
    • 5.4. User shall treat the password and any further codes, tokens or other elements to gain access to the account confidentially and with care. To this end, User shall take all reasonable measures to prevent unauthorized persons from gaining knowledge of and using the password and/or his or her account.
    • 5.5. User must immediately report loss, theft or (suspected) abuse or improper use (together referred to as “Security Breach”) (by a third party) of the password and/or account in writing to Color Concepts. User shall take all necessary measures that can reasonably be expected to remedy or limit the adverse consequences of the Security Breach as far as possible.
    • 5.6. If and to the extent that the foregoing Security Breach qualifies as a personal data breach, User must leave a notification thereof within the meaning of Articles 33 and 34 GDPR to Color Concepts. User will fully cooperate with Color Concepts to provide all information necessary in connection with this notification. User shall refrain from communicating the Security Breach to any supervisory authority(ies), data subject and/or third party other than on the instructions of Color Concepts or with its prior express consent.
    • 5.7. If Color Concepts discovers or reasonably suspects that unauthorized persons are using or may use the account of User, Color Concepts has the right to block the account of User immediately, to suspend any paid services where applicable, and to recover from User any damage suffered by Color Concepts as a result, without any liability of Color Concepts for damages on the part of User. Such blockade or suspension shall not affect the obligations of User under these Terms of Use or, where applicable, under the ColorBase.com Terms and Conditions for Paid Services.
  • 6. MODERATION OF USER CONTENT
    • 6.1. Any and all User Content shall not be or contain any abusive, harassing, threatening, defamatory, obscene, fraudulent, deceptive, misleading, offensive, pornographic, illegal or unlawful information or be likely to infringe or infringing on any IPRs.
    • 6.2. Opinions expressed in the User Content are not necessarily the opinion of Color Concepts.
    • 6.3. Color Concepts has the right but not the obligation to review any and all User Content and can in no way be held responsible nor liable for the content of the User Content that may be found on the Website
    • 6.4. In order to keep the Website appropriate for its purposes, and to potentially cooperate with third-party owners of IPRs, Color Concepts may remove User Content on its own initiative and without notice to User.
  • 7. OWNERSHIP OF USER CONTENT; LICENSE
    • 7.1. Unless otherwise set forth at the point of uploading, where User uploads User Content on the Website, User shall retain all of ownership rights as so vested in the User Content.
    • 7.2. By uploading User Content through the Website, User shall thereby automatically grant Color Concepts a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, commercialize, prepare derivative works of, display and/or perform the User Content in connection with the Services, the use of the Website, and/or the paid services in any format(s) and through any and all channels Color Concepts chooses to use.
    • 7.3. User represents and warrants that he or she has all rights to grant such a license to Color Concepts without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
  • 8. SUPPORT; REQUESTS
    • 8.1. Color Concepts shall provide to Users of the Website with support when so requested. Users may at all times request such support by contacting the following e-mail address: support@color-base.com
      • 8.1.1. Color Concepts will spend its reasonable endeavours to answer such questions adequately and within a reasonable period of time.
    • 8.2. User may at all times approach Color Concepts with specific requests, such as but not limited to, manufacturer name changes, adding or modifying Profiles, materials, printers, printer setups, and any other request related to the functionalities and/or Services provided by Color Concepts on the Website. Requests should be submitted in writing to Color Concepts by contacting the following e-mail address: support@color-base.com
      • 8.2.1. Color Concepts will spend its reasonable endeavours to answer such requests adequately and within a reasonable period of time.
    • 8.3. Nothing in this article shall be understood to imply an obligation of Color Concepts to honor the request(s) submitted by User.
  • 9. SERVICE LEVELS
    • 9.1. Color Concepts shall make the functionalities of the Website available to User and shall use its reasonable efforts to make the Services available at the gateway between the public internet and the network of Color Concepts’ (cloud) services provider, except for scheduled downtime for maintenance purposes, of which Color Concepts shall, to the extent possible, schedule and communicate to User.
    • 9.2. Color Concepts warrants that the Website shall have an uptime of not less than 99.5% per month, excluding non-availability resulting from improper conduct attributable to User.
    • 9.3. Where User has opted for (a) paid service(s), User may bring forth any claim of excessive Downtime by submitting in writing to Color Concepts the details of such Downtime for Color Concepts’ reference. Color Concepts must receive such claims latest by the end of the calendar month following the month in which the alleged Downtime occurred. After Color Concepts’ investigation of such claims, should Color Color Concepts determine that it has not met the uptime requirement set forth herein, User may, as an exclusive remedy, be entitled to terminate the paid service(s) which were opted by User in accordance with the ColorBase.com Terms and Conditions for Paid Services.
    • 9.4. The above uptime and Downtime and any additional performance targets mentioned herein or on the Website shall not apply to the extent that any performance or availability issues are a result of Downtime scheduled by Color Concepts in accordance with paragraph 1 of this article or are directly or indirectly due to factors outside Color Concepts’ reasonable control, including but not limited to performance or availability issues that are:
      • 9.4.1. caused by a fault or failure of the internet or any public telecommunications network;
      • 9.4.2. caused by a fault or failure or availability problems of the cloud services provider;
      • 9.4.3. caused by User’s hardware or software;
      • 9.4.4. caused by the actions or inactions of User;
      • 9.4.5. caused by User’s (mis)use of the Services and/or functionalities on the Website; or
      • 9.4.6. attributable to the acts or omissions of User, or anyone gaining access to the Services and/or functionalities of the Website by means of User’s accounts, passwords or equipment.
    • 9.5. Color Concepts reserves the right to modify and/or alter certain functionalities of the Website which may or may not have an effect on certain features of the Services.
  • 10. RELIABILITY OF THE WEBSITE
    • 10.1. Color Concepts takes great care to ensure the reliability and actuality of the information on the Website. However, inaccuracies and incompleteness may occur. Color Concepts, therefore, does not accept any liability for damages resulting from inaccuracies or incompleteness in the information offered on the Website, including but not limited to advertisements, offers, or price listings.
    • 10.2. Some of the information on the Website may originate from third parties. Color Concepts shall accept no liability for information on the Website originating from third parties. In addition, Color Concepts shall not be liable for any damage or losses resulting from incorrect, incomplete or unlawful information from third parties on the Website.
    • 10.3. Color Concepts cannot guarantee that the Website will operate without restrictions or interruptions at all times, including but not limited to due to necessary maintenance within the framework of article 9.1 of these Terms of Use, adjustments and dependence of the Website on the internet and technologies under development.
    • 10.4. Color Concepts shall strive to remedy malfunctions and limitations encountered on the Website as soon as possible and to keep any inconvenience to User to a minimum.
    • 10.5. Color Concepts is not liable for damage resulting from problems caused by or inherent to the distribution of information via the internet, such as, among other things, malfunctions, viruses, mutilation of information, interruptions, errors or delays in the provision of information or functionalities of the Website.
  • 11. INTELLECTUAL PROPERTY
    • 11.1. With the exception of User Content or unless stated otherwise, all rights, including copyrights and other IPRs, to (the information on) the the Website shall remain with Color Concepts, insofar as these rights do not belong to third parties and/or licensors from whom information is made available.
    • 11.2. User may consult (the information on) the Website and make copies of it for his or her own use, for example by printing or storing it. Any other use, for example storing or reproducing (a part of) the Website in another internet page or creating links, hyperlinks or deep links between (a part of) the Website, is not permitted without the express written permission of Color Concepts.
    • 11.3. User will inform Color Concepts immediately if he or she finds that someone is infringing any intellectual property right of Color Concepts or, where applicable, of its licensor(s).
  • 12. CONFIDENTIALITY
    • 12.1. User and Color Concepts agree that they will not disclose, publish, or reveal Confidential Information received from the other party to any third party whatsoever, except in so far as such disclosure is unavoidable for the performance of its obligations in the context of the Services and/or functionalities provided through the Website, or, in the alternative, with the specific prior written authorization of a duly authorized representative of the party to whom the Confidential Information belongs to.
    • 12.2. User and Color Concepts further agree to use the same means each party uses to protect its own Confidential Information or proprietary information, but in any event not less than reasonable means, to prevent disclosure and to protect the confidentiality of the Confidential Information received from the other party.
    • 12.3. User and/or Color Concepts’ use of Confidential Information received from the other party is hereby restricted and limited to the performances required in the context of the Services and/or functionalities provided through the Website, registration of User on the Website or the performance of any paid service. User and Color Concepts further agree not to disclose Confidential Information to anyone other than its own employees, agents or (sub)contractors who have a need to know such Confidential Information in order to carry out the rights and obligations prescribed herein or, where applicable, in the ColorBase.com Terms and Conditions for Paid Services.
    • 12.4. Information which (i) is in or becomes part of the public domain through no act or omission of the receiving party, (ii) is rightfully obtained by the receiving party from a third party, (iii) is independently developed by the receiving party without use of the other party’s Confidential Information, (iv) is required to be disclosed pursuant to a requirement of a governmental agency or law so long as the disclosing party provides the other party with notice of such requirement prior to any such disclosure, shall not constitute Confidential Information for the purposes of this article.
    • 12.5. Affiliated companies shall not be considered as third parties within the meaning of this article, provided that these affiliated companies undertake to keep the same obligation as stipulated under this article.
  • 13. PRIVACY; PROCESSING OF (PERSONAL) DATA
    • 13.1. The personal data that User provides to Color Concepts, such as names, telephone numbers and email addresses, are processed by Color Concepts in files owned by Color Concepts. This data is used by Color Concepts within the framework of account registration, account management, facilitating the delivery of its Services through the Website and the functionalities therein, and where applicable, for the delivery of its paid services, invoicing, keeping a commercial relation with User, and possible mediation, arbitration, and/or litigation procedures.
    • 13.2. Color Concepts reserves the right to record (personal) data relating to the visiting behaviour of User on the Website (including the IP address used).
    • 13.3. For more information on the use of the personal data of User by Color Concepts and of cookies on the Website, please see the Privacy and Cookie Statement of Color Concepts as available on https://colorbase.com/privacy-policy.
    • 13.4. ACCOUNT TERM, TERMINATION AND RENEWAL
    • 13.5. The account of User on the Website shall become operational upon the acceptance of these Terms of Use and the Colorbase Privacy and Cookie Statement and shall have an indefinite duration.
    • 13.6. User shall be entitled to terminate his or her account at any time by contacting Color Concepts through the “Contact Us” button as provided on the Website. In its termination request, User shall include the following information:
      • 13.6.1. Contact information of User
      • 13.6.2. Detailed reasons for cancellation
    • 13.7. Where User has opted for (a) paid service(s) on the Website through his or her account, the termination thereof shall be governed by the ColorBase.com Terms and Conditions for Paid Services.
    • 13.8. User is responsible for ensuring that its data which is stored in or exchanged on the Website and which User wishes to continue using after the accounts have been terminated, remain available to User.
    • 13.9. A waiver by either party of a breach of a provision shall not be considered as a waiver of a subsequent breach of the same or another provision.
    • 13.10. The rights to terminate the account of User as prescribed in this article shall not prejudice any other right or remedy of either party in respect of the breach concerned (if any) or any other breach.
    • 13.11. The termination of the account of User will not affect the rights and obligations that are intended to survive termination or expiration thereof as enshrined in these Terms of Use.
  • 14. LIABILITY
    • 14.1. Color Concepts excludes any and all liability for support within the meaning of article 8 of these Terms of Use.
    • 14.2. Color Concepts reserves the right, without being liable for damages and without prior warning or approval of User being required, to adjust, discontinue or declare invalid certain functionalities and/or Services provided through the Website (including the possibility to halt the uploading and/or downloading of User Content) at any time and under its own discretion.
    • 14.3. Even though Color Concepts shall ensure a redundant system for the Website, Color Concepts shall never be liable for loss of or damage to User’s data and shall not be obliged to make backup copies thereof. Accordingly, User shall himself or herself be responsible to hold records of its data on the Website, also for administrative and evidentiary purposes.
    • 14.4. Color Concepts is not obliged to verify or check the quality or quantity of the User Content, Services, output files, advice, instructions or any other information provided, offered or automatically generated on the Website and shall in no way be held responsible or liable for damage resulting from the fact that information and/or User Content is removed in accordance with article 6.4 of these Terms of Use or proves to be incorrect, incomplete or unlawful.
    • 14.5. User shall hold Color Concepts harmless against and indemnify Color Concepts for any and all claims directly or indirectly relating to their activities on the Website, including any fines or penalty payments imposed on Color Concepts by any supervisory or other governmental authority.
    • 14.6. The liability of Color Concepts of any kind is in any case always limited to the amount paid out by the liability insurance of Color Concepts in the matter concerned and always up to a maximum of EUR 35,000.
    • 14.7. IN NO EVENT SHALL COLOR CONCEPTS, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, OR SUPPLIERS, BE LIABLE UNDER ANY CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO ITS SERVICES (I) FOR ANY LOSS OF INCOME, LOSS OF PROFITS, LOSS OF CONTRACTS, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND (HOWSOEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, RANSOMWARE OR THE LIKE (REGARDLESS OF THE SOURCE).
    • 14.8. Nothing in this Article shall be construed as excluding or limiting Color Concepts’ liability for death or personal injury caused by its own negligence or fraud.
  • 15. INDEMNIFICATION
    • 15.1. User shall defend, indemnify, and hold harmless Color Concepts, its affiliates, vendors, and each of its and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, fines, penalty payments and expenses, including reasonable attorneys’ fees, that arise from or relate to his or her (mis)use of, or access to, the Website, the content therein, or otherwise from his or her User Content, violation of these Terms of Use, or infringement by User or any third party using User’s account or identity of any intellectual property or other right, claim or action, including but not limited to personal injury or property damage of any person or entity.
  • 16. NOTICES; COMMUNICATION
    • 16.1. Communication between Color Concepts User shall take place electronically or through the Website.
    • 16.2. Electronic communication from Color Concepts to User shall be deemed to have been received by User on the day of dispatch. Whether or not this communication is received is at the risk of User.
  • 17. CHANGES TO THESE TERMS OF USE
    • 17.1. Color Concepts has the right to unilaterally amend these Terms of Use.
    • 17.2. If these Terms of Use are amended, this will appear on the Website. In that event, Color Concepts will also update the ‘last updated’ date above to indicate when those changes have become effective. Color Concepts will also send User a written notification of these changes.
    • 17.3. If User does not agree with the amendment(s) to these Terms of Use after receiving a written notification of such amendment(s), Color Concepts shall terminate the account of User with immediate effect. User must notify Color Concepts of its dissent in writing within two (2) days after the date of the email notification giving notice of such changes. Where User does not submit a notification of dissent within the timeframe specified in this paragraph, User shall be deemed to have accepted the amendment(s) to these Terms of Use. Continued use of the Website by User shall also constitute an acceptance by User to any and all amendment(s) to these Terms of Use.
  • 18. GENERAL PROVISIONS
    • 18.1. If one or more provisions of these Terms of Use should­ be or become ineffective, invalid or unenforceable, the remaining provisions shall remain in full force and effect. Color Concepts and User undertake to­ enter into­ negotiations in­ order to­ agree­ replacement­ provisions­ that come­ as close as possible to the intention of the provision(s) in question.
    • 18.2. No agency, partnership, joint venture or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect.
    • 18.3. User may not assign or transfer these Terms of Use except with the prior written consent of Color Concepts.
    • 18.4. Color Concepts shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond its reasonable control, including but not limited to mechanical, electronic or communications failure or degradation.
    • 18.5. The terms and conditions in these Terms of Use, the Privacy and Cookie Statement, and where applicable, the ColorBase.com Terms and Conditions for Paid Services and any and all agreements made between Color Concepts and User through written correspondence constitute the exclusive and entire agreement between Color Concepts and User.
  • 19. APPLICABLE LAW
    • 19.1. The use of the Website, these Terms of Use, the Privacy and Cookie Statement, and, where applicable, the ColorBase.com Terms and Conditions for Paid Services and any and all other agreements made between Color Concepts and User are governed exclusively by the laws of the Netherlands.
Terms of Use for Colorbase Services
www.colorbase.com
Exit mobile version