Last Updated October 17, 2018
This Website is offered and available to users who are 18 years of age or older. We do not knowingly collect data from or relating to children under the age of 18. If you do not meet this age requirement, you must not access or use the Website and we will promptly delete any information received from you.
The NACDD accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. Pursuant to 17 U.S.C. Section 512, as amended by Title II of the Digital Millennium Copyright Act (the “Act”), we reserve the right to terminate your use of the Website or any information and content contained therein if we determines, in our sole and absolute discretion, that you are involved in infringing activity, regardless of whether such alleged infringement is a first-time or repeat occurrence and/or whether the material or activity is ultimately determined to be infringing.
Under the law, copyright owners who believe that their rights have been infringed by unauthorized use of their protected works appearing online may contact the service provider hosting the material in question, directly or through their authorized agents, and request that the infringing material be removed or access to it disabled. If you believe in good faith that our Website or any User Contributions violate your copyright, please send a written notice of claimed copyright infringement to firstname.lastname@example.org.
- not to use the Website in any way that violates federal, state, local or international law or regulation, or generally accepted practices or guidelines in relevant jurisdictions (including any laws or regulations regarding data protection or security, or the export of data or software to and from the United States or other relevant countries);
- that you will not use the Website to transmit or send unsolicited commercial communications;
- not to access (or attempt to access) the Website by any means other than through the interface that is provided by us;
- not to attempt to gain unauthorized access to, interfere with, damage, disrupt or circumvent any of the security features of any part of the Website (or the servers, networks, and databases which are connected to the Website);
- not to access (or attempt to access) the Website through any automated means (including use of scripts or web crawlers);
- not to conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Website without our express written consent;
- not to introduce any spyware, viruses, Trojan horses, worms, keystroke loggers, rootkits, logic bombs or other material which is malicious or technologically harmful to the Website (or the servers, networks, and databases which are connected to the Website);
- not to use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
- not to edit or otherwise modify any content on the Website that is not owned by you or another person or entity for whom you act as their agent;
- that you will not engage in any activity that interferes with or disrupts the Website (or the servers, networks, and databases which are connected to the Website);
- not to impersonate or attempt to impersonate the NACDD, our employees, another other user, or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing);
- not to reproduce, redistribute, republish, duplicate, copy, display, sell, rent, sub-license, trade or resell any content, image, or other aspect of the Website for any commercial purpose (except when such content is specifically and expressly made available by us for redistribution);
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the worldwide, royalty-free, irrevocable right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Founder of Colors, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website, including violations of another user’s or a third party’s rights, including, but not limited to, intellectual property rights or right to privacy.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. AS PERMITTED BY LAW, YOU WAIVE ANY RIGHT OF ACTION OR CLAIM OF LIABILITY AGAINST AND HOLD HARMLESS FOUNDERS OF COLOR AND ITS OWNERS, EMPLOYEES, AFFILIATES, LICENSEES, VENDORS, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION OR INACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY ANY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We do not undertake to review all material before it is posted on the Website, and therefore cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability or responsibility for any action or inaction regarding transmissions, communications or content provided by any user or third party.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, gender, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Be likely to deceive or defraud any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
The information presented on or through the Website is made available solely for informational purposes. We use reasonable efforts to update the information on the Website, but we do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by any third party who may be informed of any of its contents.
This Website may include content provided by third parties. All statements and/or opinions expressed in these materials, and all content other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the NACDD. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. Please contact us at email@example.com if you have questions about the information presented on the Website.
Third Party Websites and Content
This Website contains links to other Internet websites that our business partners and other third parties own or operate. Your use of each of those websites is subject to their respective terms and conditions and privacy policies, if any. We have no control over third party websites and we are not responsible for any changes to or content posted on them. Our inclusion of any third party content is not an endorsement of that material or link or the persons or companies that own or operate the material or linked websites.
Linking to the Website and Social Media Features
You may link to the Website’s homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Website.
- Send e-mails or other communications with certain content, or links to certain content, on this Website.
- Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
- Link to any part of the Website other than the homepage.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Disclaimer of Warranties
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY ADVICE, SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER FOUNDERS OF COLOR, ITS OWNERS OR EMPLOYEES, NOR ANY PERSON ASSOCIATED WITH FOUNDERS OF COLOR MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER FOUNDERS OF COLOR, ITS OWNERS OR EMPLOYEES, NOR ANYONE ASSOCIATED WITH FOUNDERS OF COLOR REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY INFORMATION, SERVICES, OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY INFORMATION, SERVICES, OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
In the event that applicable local law does not permit the exclusion of certain warranties or the limitation of liability for incidental, consequential or special damages, in no event shall the aggregate liability of the NACDD to you or any third party for damages, losses, and causes of action exceed the amount paid by you, if any, for accessing this Website or $100, whichever is less. By use of this Website, you agree to bring any and all actions within one year from the date of the accrual of the cause of the action, and that actions brought after this date will be barred.
Limitation of Liability
IN NO EVENT WILL FOUNDERS OF COLOR, ITS OWNERS, SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO THE WEBSITE, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY/WRONGFUL DEATH, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE OR IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. All information you provide to us is stored on our secure servers behind firewalls.
The safety and security of your information also depends on you. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the website.
Modifications, Interruption of Service, and Account Security
We reserve the right to modify or discontinue this Website with or without notice to you. We shall not be liable to user or any third party should we exercise our right to modify or discontinue the Website. We do not guarantee continuous, uninterrupted, or secure access to our Website. The operation of our Website may be interfered with or adversely affected by factors or circumstances outside of our control or through acts of God.
Information About You and Your Visits to the Website
We are based in the United States of America. We make no representations that any information, products, or services made available on the Website are appropriate or available for use in all locations. Use of or access to the Website may not be legal by certain persons or in certain countries. Your access and use this Website at your own risk and are responsible for compliance with the laws and regulations of your own jurisdiction.
You agree to defend, indemnify, and hold harmless the NACDD and its officers, directors, affiliates, licen