This page (together with the documents referred to on it) outline the terms of use on which you may make use of our website KatyColor.com. Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you are at least 16 (if you reside in EU) / 18 (if you reside everywhere else aside from EU) years of age and you accept these terms of use and that you agree to abide by them. If you do not agree, please refrain from using our site.

Information About Us

KatyColor.com is a site operated by Katy Color Labs in Chandler, AZ, USA.

Accessing Our Site

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of our site, or our entire site, again without notice. If you choose, or you are provided with, a user identification code, username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use or we believe your user identification has been compromised or otherwise believe there is a security risk presented by use of such user identification.

You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.

Mobile Use

Though our website is designed responsively to work with mobile and tablet devices, KatyColor.com does not warrant that our mobile website (or software) will be compatible with your mobile device or tablet.

Prohibited Uses

In accessing any part of our site, you agree:

• not to use our site in such a way that disrupts, interferes with or restricts the use of our site by other users;
• not to reverse engineer, decompile, copy or adapt any software or other code or scripts forming part of our site; and
• not to change, modify, delete, interfere with or misuse data contained on our site and entered by or relating to any third-party user of our site.

Material contained in our site must not be reproduced or exploited for commercial gain. All other rights are reserved, and users must seek our permission before making any other use of material contained in our site.

Any use or access to this website (or service) by anyone under the age of 16, is strictly prohibited and in violation of this agreement.

KatyColor.com Accounts

An account on KatyColor.com will give you access to the history of purchases you have made to date, allow you to communicate with our company and may allow you to post comments on products.  If you want to open an account KatyColor.com on behalf of an organization or other entity, then

– you, includes you and that entity

– you represent and warrant that you are an authorized representative of the organization or entity with the authority to bind the entity of this agreement. Your agreement in opening this account is on behalf of the organization.

Using someone else’s account on KatyColor.com is strictly forbidden without the account owner’s prior permission.

All accounts created must be created with valid, accurate, and complete information.

You are solely responsible for the activity undertaken through this action and will be held responsible for anything that conflicts with the terms of our website, laid out within this document.

We encourage users to use “strong” passwords, including a minimum of 10 characters, as well as at least 3 of: uppercase letters, lowercase letters, numbers, and special characters. Your password may be edited within your account settings area.

For any suspected breach of your account you must notify us immediately.

KatyColor.com will not be liable for any losses caused by any unauthorized use of your account.

By providing KatyColor.com with your email addresses, we may in turn send you email notifications regarding offers, updates, improvements, products, legal notices, or anything else we wish to notify you about.

You may opt out of these emails and make email selections in your account area.

Invoice and Tax Information

a) KatyColor.com is part of Katy Color Labs, LLC.

b) Invoices are generated through the website and will be from KatyColor.com.

c) Tax and shipping will be processed according to the web calculators included in the website or linked from outside shipping services.

Buyer Protection and Disputes

We at KatyColor.com work tirelessly to ensure any purchase from our website is as smooth and hassle-free as possible.  Please also read carefully our Reprint and Return policy regarding any issue with printed results.

Should you submit a dispute to us, you are agreeing in full, to permit us to make a final decision on your behalf regarding the related transaction. Should you wish to submit a dispute to us, please write to us at the address on our website.

Content Standards and Uploaded Content

These Content Standards apply to any content or comments posted or uploaded on our site. The Content Standards must be complied with in spirit as well as to the letter. We will determine, in our sole discretion, if any uploads breach the Content Standards. We reserve the right to refuse to print any material that breaches Content Standards. Additionally, we reserve the right to remove any content from our website or storage servers. Although our site is fully moderated, we are under no obligation to you or any other person to oversee, monitor or moderate our site or any other service we provide on our site and we may stop moderating our site at any time.

All uploaded content must

• Be owned by you, or you must have direct, verifiable right to upload and reproduce the content
• Comply with the laws applicable in the United States and in any state or country from which it is posted

Uploaded content must not:

• Contain specific accusations of negligence, abuse, or criminal activity.
• Be defamatory of any individual or organization
• Be obscene, offensive, hateful, threatening, inflammatory or that are likely to harass or calculated to seriously alarm or annoy any other person
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
• Contain abusive language
• Disclose the name, address, telephone, mobile or fax number, e-mail address or any other personal data in respect of any individual
• Stereotype sections of society
• Name any organizations/businesses other than the organization/business that is relevant to the listing, review etc.
• Infringe any copyright, database right or trademark of any other person
• Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence
• Be in contempt of court
• Impersonate any person, or misrepresent your identity or affiliation with any person
• Give the impression that the content emanates from us
• Advocate, promote, incite any third party to commit, or assist any unlawful or criminal act
• Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation, or instigation of acts of terrorism

Indemnification

You agree to indemnify and hold us harmless from and against any direct or indirect loss or damage (including consequential loss and loss of profits, goodwill, or business opportunities) in relation to content you have uploaded onto our website or your breach of the provisions of these terms.

Social Media

We have a social media presence and may use Facebook and Twitter among other social media platforms. Please note that the same conditions apply to our social media profiles as to our website and are also subject to any additional conditions imposed by the platform in question.

Intellectual Property Rights

We are the owner of all intellectual property rights in the material and data on our site, subject to the provisions in the intellectual property rights in the Content Standards and Uploaded Content (see above). Such rights include, but are not limited to:

• unregistered trademark rights protecting our business and trading names;
• database rights protecting the data published on our site;
• copyright and design rights in the text and graphics on our site; and
• copyright in the software used on our site other than that licensed to us.

We expressly prohibit any third party from gathering, extracting, reproducing and/or displaying any material or data on or from our site, regardless of how such material or data is obtained (eg by the use of spiders or other ‘screen scraping’ software or system used to extract data) or the reason it is obtained.

If you print off, copy or download any part of our site or use the data on our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made, and delete the data from any medium in your possession, custody or control. You may also be exposed to a possible claim for damages for breach of intellectual property rights and/or contract. We expressly reserve all rights in this regard.

You agree to indemnify and hold us harmless from and against any direct or indirect loss or damage (including consequential loss and loss of profits, goodwill or business opportunities) arising from any third party claim in relation to your use of our site or your breach of the provisions of these terms.

Reliance on Information Posted

Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

Privacy

The privacy of our users is extremely important to us. You understand that by using the services you consent to the collection, use and disclosure of your personal information as set forth in our Privacy Policy

Our Site Changes Regularly

We aim to update our site regularly and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely.

Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

Our Liability

The material displayed on our site is provided without any guarantees, conditions, or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

1 All conditions, warranties and other terms which might otherwise be implied by statute, common law, or the law of equity.

2 Any liability for any direct, indirect, or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation of any liability for:

2.1 loss of income or revenue;

2.2 loss of business;

2.3 loss of profits or contracts;

2.4 loss of anticipated savings;

2.5 loss of data;

2.6 loss of goodwill;

2.7 wasted management or office time; and

2.8 for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, including claims for direct financial loss that are not excluded by any of the categories set out above.

Information About You and Your Visits to Our Site

We process information about you in accordance with our privacy policy. By using our site, you consent to such processing, and you warrant that all data provided by you is accurate.

Viruses, Hacking and Other Offences

You must not misuse our site by knowingly or recklessly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, any account on our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act of 1990 and other relevant laws in this and other jurisdictions. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

Linking to Our Site

You may link to our site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists.  Our site must not be framed on any other site. We reserve the right to withdraw linking permission without notice.

If you wish to make any use of material on our site other than that set out above, please send your request to our address.

Links from Our Site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Jurisdiction and Applicable Law

The applicable courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with applicable laws of the State of Arizona and any appropriate State or US jurisdiction.

Variations

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

Your Concerns

If you have any concerns about material which appears on our site, please use our contact form, or mail us at our address.

Thank you for visiting our site.

This agreement was last revised on 22nd September, 2022.