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Terms of Use
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These Terms of Use (“Terms”) govern your access to and use of our services, including our various websites, mobile applications, SMS, APIs, email notifications, web applications, buttons, widgets, advertisements, commerce services, and our other covered services that link to these Terms (collectively, the “Services”), and any information, text, links, graphics, photos, audio, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). By using the Services you agree to be bound by these Terms.
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1. Who May Use the Services
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You may use the Services only if you agree to form a binding contract with CHROMAFAN LLC and are not a person barred from receiving services under the laws of the applicable jurisdiction. In any case, you must be at least 13 years of age to use the Services. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to such entity.
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2. Using the Services
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Our Services may change from time to time, at our discretion. We may stop (permanently or temporarily) providing the Services or any features within the Services to you or to users generally. We also retain the right to create limits on use and storage at our sole discretion at any time. We may also remove or refuse to distribute any Content on the Services, limit distribution or visibility of any Content on the service without liability to you.
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In consideration for CHROMAFAN LLC granting you access to and use of the Services, you agree that CHROMAFAN LLC and its third-party providers and partners may place advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others. You also agree not to misuse our Services, for example, by interfering with them or accessing them using a method other than the interface and the instructions that we provide. You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, CHROMAFAN LLC’s computer systems, or the technical delivery systems of CHROMAFAN LLC’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by CHROMAFAN LLC (and only pursuant to the applicable terms and conditions), unless you have been specifically allowed to do so in a separate agreement with CHROMAFAN LLC; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
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We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of CHROMAFAN LLC , its users and the public. CHROMAFAN LLC does not disclose personally-identifying information to third parties.
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CHROMAFAN LLC gives you a personal, worldwide, non-assignable, and non-exclusive license to use the software provided to you as part of the Services. This license has the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by CHROMAFAN LLC, in the manner permitted by these Terms.
The Services are protected by patent (pending), copyright, trademark, and other laws of the United States. Nothing in the Terms gives you a right to use the CHROMAFAN name or any of the CHROMAFAN LLC trademarks, logos, domain names, other distinctive brand features, and other proprietary rights. All right, title, and interest in and to the Services are and will remain the exclusive property of CHROMAFAN LLC and its licensors. Any feedback, comments, or suggestions you may provide regarding CHROMAFAN LLC, or the Services is entirely voluntary, and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
You may end your legal agreement with CHROMAFAN LLC at any time by discontinuing your use of the Services.
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3. Disclaimers and Limitations of Liability
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The Services Are Provided "AS IS" and "AS AVAILABLE"
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Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. The “CHROMAFAN LLC Entities” refers to CHROMAFAN LLC, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE CHROMAFAN LLC ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The CHROMAFAN LLC Entities make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the CHROMAFAN LLC Entities or through the Services, will create any warranty or representation not expressly made herein.
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Limitation of Liability
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TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CHROMAFAN LLC ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE CHROMAFAN LLC ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID CHROMAFAN LLC, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE CHROMAFAN LLC ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
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4. General
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The laws of the State of Utah will govern these Terms and any dispute that arises between you and CHROMAFAN LLC. All disputes related to these Terms or the Services will be brought solely in the federal or state courts located in Salt Lake County, Utah, United States, and you consent to personal jurisdiction and waive any objection as to inconvenient forum.
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In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. CHROMAFAN LLC’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
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These Terms are an agreement between you and CHROMAFAN LLC.
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5. Effective Date
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CHROMAFAN LLC Terms of Use are effective as of November 1, 2021
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