Terms and Conditions of Use of ColorsBattle.com
Last updated on 05/01/2022
Hi there and welcome to our Terms and Conditions of Use. This is important and affects your legal rights, so please read them carefully.
Thanks for choosing https://colorsbattle.com/ – website ("Website") and all related services (together "Service") provided by the entity indicated at the bottom of this document ("Colors Battle", "the Company", "we", "us", "our"). By signing up or otherwise using our Service, accessing any content or material that is made available by Colors Battle through the Service, you ("user(s)", "subscriber(s), "visitor(s)") are entering into a legal agreement ("Agreement") with the Colors Battle.
Our Website is one of the largest online puzzle directories, allowing users to play the best jigsaw puzzles through mobile or desktop, giving you additional statistics information on your progress etc. Colors Battle's goal is to make playing your favorite jigsaw puzzle quick, fun and enjoyable. Whatever your preferences are, technics, nature, art, animals, sport, stuff, we are always ready to provide even more.
You acknowledge that you have read and understood these Terms, accept these Terms, and agree to be bound by them. If you don't agree with (or cannot comply with) the Terms, then you may not use our Service.
Colors Battle may modify the Terms at any time, and such modifications shall be effective immediately upon posting the modified Terms on the Website. You agree to review the Terms periodically to be aware of such modifications, and your continued access or use of the Website shall be deemed your conclusive acceptance of the modified Terms.
If you have any questions regarding these Terms or Service provided by Colors Battle, please drop us a line at email@example.com.
2. Personal Data
Eligibility. You hereby confirm that you are an individual or represent a legal person or other organization with the full capacity under the applicable law of your residence to be bound by the Terms. If you do not have the said capacity, you or your parents or principal (where applicable) shall undertake all the consequences resulting from your acceptance of the Terms. The Website is intended for persons above the age of legal majority. If you are under the age of 18 (or under other age of majority under the law of your country), you may use the Website only with the consent of your legal guardian (parents or principal). You represent and warrant that your legal guardian has read, understood and agreed to these Terms.
Service. We provide the Service through the Website, where each user can solve puzzles. Access to the Website is free of charge.
We reserve the right to update the Service in any way at its sole discretion. These Terms will also apply to any updates, enhancements, and new features of the Service not expressly mentioned hereunder and implemented after these Terms became effective.
User Account. You can use our Website for free as anonymous without creating a User Account. In order to benefit from the Services, you may create the User Account on the Website. You can also register the User Account through your account on third-party social networking services, such as Facebook, Google, Yahoo!, Twitter and others. After the User Account is created, you will have access to the User Profile.
You should not disclose your sign-in information to any third parties and you are solely responsible for keeping such information secure and confidential. You must immediately notify us if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your User Account. You are solely responsible for all and any activities conducted through your User Account. You shall not assign or otherwise transfer your User Account to the third parties in any case.
We highly recommend you not to place within your User Account not required personal data that may let other people identify you. We will not be responsible for any harm caused due to the fact that you have provided us with extra information at your own discretion.
You can delete your User Account at any time. This option is available in the User Profile.
4. Prohibited Conduct
By using the Website, you agree not to: commercially exploit the content and Materials available through the Website in any way, including, by (sub)licensing, (re)selling, transferring, assigning, distributing the Services to any third party in any way; use the Website in any unlawful manner, in particular, by violating the rights of the others; perform acts aimed at the breach of the normal functioning of the Website or leading to the violation of applicable laws, both using software and through your direct acts within the Website, or perform any other illegal acts; facilitate or support any of the actions described above.
You also agree not to access the Website using any means other than the interface provided by us unless you have been specifically allowed to do so in a separate agreement with the Company. You expressly agree not to access the Website through any automated means (including use of scripts, crawlers or similar technologies from time to time).
To the fullest extent permitted by law, you are responsible for your use of the Website, and you will defend and indemnify Colors Battle and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Website; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defence of those claims.
These Terms shall be valid until the provision of the Services is terminated either by you or us.
Notwithstanding anything contained herein, we reserve the right, without notice and at our sole discretion, to terminate these Terms or suspend your right to access the Services, including (but not limited to) in case you breach the Terms, or any of the obligations under these Terms or applicable laws, or if we believe that you have committed fraud, negligence or other misconduct.
The provisions of chapters , “4. Prohibited Conduct”, “5. Indemnification”, “7. Governing Law” and “9. Intellectual Property” shall survive any termination of this Agreement.
7. Governing Law
Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, the Terms (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of Estonia without recourse to its conflict of laws principles.
All disputes and disagreements that might arise from these Terms shall be resolved through negotiations. For the purposes of the settlement of such disputes, e-mail correspondence with the authorized persons of Colors Battle at firstname.lastname@example.org shall be the effective and binding method of communication. If the dispute cannot be resolved through negotiation within 30 calendar days, it shall be referred to and finally resolved by the appropriate court under the laws of Estonia.
8. Third-Party Links
Our Website is integrated with third-party applications, websites, and services to make available content, products and services to you. The content of other applications, websites, products and services (e.g. advertisements) that may be linked to this Website is not maintained or controlled by Colors Battle.
You may also have an opportunity to leave the Website via links to third-party websites. For instance, we may provide you with links to our profiles on social media.
Such third-party links are not under the control of Colors Battle, and we are not responsible for them. We may provide you with these links only for your convenience, and the inclusion of any such link does not imply the endorsement by Colors Battle of such third-party websites.
You use all third-party links at your own risk. You should apply a suitable level of caution when doing so. When you click on any third-party links, the applicable third party’s terms and policies apply, including the conditions of the third party’s privacy and data collection practices. We recommend you read any such terms and policies carefully before using the respective third-party website.
9. Intellectual Property
Company’s Materials. The Website is owned and operated by the Company. The visual interfaces, graphics, design, compilation, information, data, computer code, services, and all other elements of the Website ("Materials") provided by the Company are protected by intellectual property law and other laws. All Materials included in the Website are the property of the Company or its third-party licensors. Except as expressly authorized by the Company, you may not make use of the Materials. The Company reserves all rights to the Materials not granted expressly in these Terms.
Company’s License. The Company grants you a non-transferable, non-exclusive, revocable, worldwide, limited license to access the Website and use the Services in the ways described in these Terms ("Company’s License"). This license shall remain in effect until and unless terminated by you or Colors Battle. You agree that you are using the Materials for your own personal, non-commercial, entertainment use and that you will not redistribute or transfer our Service or the Materials.
10. General Disclaimers and Limitations of Liability
You use the Service at your own risk and subject to the disclaimers set in these Terms.
The Service is provided on an "as-is" and "as available" basis. We shall not be obliged to ensure the operation of the Website or Service on all platforms, for all devices or under certain specific conditions.
The Company does not warrant that (i) the Service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material obtained by you through the Service will meet your expectations, and (v) any errors in the Service will be corrected.
We disclaim all warranties and conditions, either expressed, implied or statutory, including, but not limited to any warranties or conditions of fitness for a purpose, lack of viruses, accuracy or completeness of any information, workmanlike performance and lack of negligence as regards our Service. In addition, there is no warranty or condition as to the correspondence to a description.
You use any data and content and take any decisions based on them at your own risk. We disclaim any liability of the Company for such use of materials.
To the maximum extent permitted by the law, in no event shall the Company be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits) arising out of or in any way related to the use of or inability to use the Service, or otherwise under or in connection with any provision of these Terms, even in the event of strict liability. This limitation should apply even if the Company has been advised of the possibility of such damages.
In case any claims or actions concerning breach by the User of their obligations hereunder are brought against the Company, the Company shall immediately inform the User of that. All costs and expenses related to settlement of the specified claims, actions and/or legal proceedings shall be borne by that User. The User shall assume the obligation to compensate in full the costs of all expenses incurred by the Company due to the occurrence of the circumstances specified herein.
11. Contact us
If you have any questions concerning the Colors Battle Service or the Terms, please contact us:
Online Radio Box sp.z.o.o., Jana Dantyszka str., 18, 02-054, Warsaw
Thank you for taking the time to read our Terms.