TERMS OF SERVICE

Welcome to Color Therapy Terms of Service

By using any of the Services and the App, You expressly agree to be bound by these terms and all applicable laws and regulations governing the Site/App and the Services. The terms form a legally binding agreement between you and Color Therapy in relation to your use of the Site/App and/ or the Services and applies to all users of the Services, whether registered or not, on the App. This Agreement is an electronic contract that establishes the legally binding terms you must accept to use the Service

As used in this Agreement, “www.miinu.com", "we," "us," and "our" shall mean ColorTherapy and its subsidiaries and affiliates. By accessing or using the services available through our app (the "Services"), you agree to be bound by these Terms of Service and our Privacy Policy currently found at URL of (Terms of Service) and URL of (Privacy Policy) and incorporated herein by reference. These Terms do not alter in any way the Terms of Service of any other agreement you may have with ColorTherapy for products, services or otherwise. If you are using the Services on behalf of any entity, you represent that you are authorized to do so.

We may, at our sole discretion, modify or revise these Terms of Service and policies at any time by giving notice on our Website and/or through the Services provided through the App, and you agree to be bound by such modifications or revisions. Although ColorTherapy may attempt to notify you when major changes are made to these Terms of Service, you should periodically click on our Terms of Service to review any updates. All changes shall be effective immediately when we post them and shall apply to all access to and use of our website/app thereafter. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits hereunder. These Terms of Service govern your and our rights and obligations with respect to any pictures, information, tags, messages, graphics or other materials and any “collections” or “canvases” of the foregoing (collectively, the "Content"), uploaded, transmitted, tagged or posted (altogether, "Posted")

ColorTherapy requires all users to be over the age of thirteen (13). We do not knowingly collect personal information from children under 13. If we become aware that a child under 13 has provided us with personal information, we take steps to remove such information and terminate the child’s account.

You are responsible for your use of our Services, for any Content you Post using the Services, and for any consequences or liability arising therefrom. You should only provide Content you are comfortable sharing under this Terms of Service.

We do not guarantee, support or represent the completeness, reliability, truthfulness or accuracy of any Content appearing on our App or the Services. You understand that by using the Services, you may be exposed to Content you may find offensive, inaccurate or otherwise inappropriate, deceptive or in some cases, mislabeled. You agree that all the Content uploaded from your device shall be related to the services provided by the App (coloring) for your personal use and you must not use/alter the same content (blank or colored image) in other coloring Apps for any commercial use. We expressly disclaim any liability for any Content, including, but not limited to, any errors or omissions within any Content, or any loss or damage of any kind incurred as a result of the use of any Content Posted, emailed or otherwise made available via the Services.

ColorTherapy allows users to colour images and share it with other users/colorists. Users can publish their profile, follow other users/colorists and like, comment and interact with other users/colorists.

You agree that (i) the other users of our Services shall have the right to comment on your Content and/or to use, publish, display, modify or include a copy of your Content as part of their own user profile and Liked Content.  Others may choose to add descriptive commentary and tags to your Content and/or to ReLike your Content, making your Content part of a social conversation that cannot later be erased without retroactively censoring the speech of others and/or removing Content from another user’s profile.

Electronic Communications

When you send e-mails or electronically chat with ColorTherapy, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail. You agree that all agreements, notices, disclosures and other communications that ColorTherapy provides to you electronically satisfy legal requirement that such communications be in writing.  

In App Purchases

ColorTherapy allows users to make certain app purchases (the “Virtual Items”) such as or VIP subscription (7 days, 1 month and 1 year respectively) . If you choose to make an in app purchase, you will be prompted to enter details for your account with the mobile platform you are using (e.g., Apple, Microsoft, Android, etc.) (“your IAP Account”), and your IAP. Account will be charged for the in app purchase in accordance with the terms disclosed to you at the time of purchase as well as the general terms for in app purchases that apply to your IAP Account.  

You have no property interest in any virtual items. Any purchase of virtual items, and virtual items accumulated through any applicable ColorTherapy. Re-purchases of a limited, non-transferable, revocable license to use those virtual items within the applicable ColorTherapy. Virtual items may not be transferred or resold for commercial gain in any manner, including, without limitation, by means of any direct sale or auction service. Virtual Items may not be purchased or sold from any individual or other company via cash, barter or any other transaction. Virtual items have no monetary value, and cannot be used to purchase or use products or services other than within the applicable ColorTherapy. Virtual items cannot be refunded or exchanged for cash or any other tangible value.

ColorTherapy may manage, regulate, control, modify or eliminate your virtual items in our sole discretion, and ColorTherapy will have no liability to you or anyone for exercising those rights. In addition, all virtual items are unconditionally forfeited if your Google Play, Microsoft or iOS App Store account is terminated or suspended for any reason, in ColorTherapy’s sole discretion; or if ColorTherapy discontinues any ColorTherapy or any portion or feature of any ColorTherapy.

ColorTherapy has no liability for hacking or loss of your virtual items. ColorTherapy has no obligation to, and will not, reimburse you for any virtual items lost due to your violation of these terms of service. ColorTherapy reserves the right, without prior notification, to limit the order quantity on any virtual items and/or to refuse to provide you with any virtual items. Price and availability of virtual items are subject to change without notice.

You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to by you. ColorTherapy may revise the pricing for the goods and services offered through the Service at any time. YOU ACKNOWLEDGE THAT COLORTHERAPY IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

Subscription

The subscription are $2.99 Weekly, $7.99 Monthly and $39.99 Yearly or equal to the same price tier as Apple App Store Matrix determines as the equivalent of subscription price in $ USD.

Cancellation of subscription or Free Trial can be done at anytime via subscription settings though your iTunes account. This should be completed 24 hours before the end of of the free-trial or subscription period to avoid being overcharged.

Subscription is automatically renewed unless it is turned off 24 hours prior to the end of the subscription period.

Cancellation is not allowed during active subscription period.

Any unused portion of a free-trial, will be forfeited when the user purchases VIP All Access Subscription

Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user's Account Settings after purchase

Payment will be charged to iTunes Account at confirmation of purchase

Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal

Reviews, Communications And Submissions

Generally

Without limiting the scope of these terms of service, you agree to comply with Google Play, Microsoft App Store or iOS App Store Review Guidelines when you submit reviews, forum posts and other content via any ColorTherapy. Inappropriate, obscene, defamatory, offensive language, crude or explicit sexual content, discussions of any matters which are explicitly or by inference illegal in any way, discussions of illegal or any other drugs, and racially and ethnically offensive speech are examples of unsuitable content that are not permitted within the ColorTherapy. Content standards may vary depending on where you are within a ColorTherapy and the expectations of the relevant app community. You should always use your best and most respectful in submitting any content, such as a review or post to any forums or message boards, within ColorTherapy.  
 

We expressly reserve the right, but have no obligation, to: (a) monitor any communications within the ColorTherapy, including, without limitation, to ensure that appropriate standards of online conduct are being observed, and (b) immediately or at any time remove any content that we deem objectionable or unsuitable in our sole discretion. ColorTherapy does not endorse, approve, or prescreen any content that you or other users post or communicate/comment on or through ColorTherapy. ColorTherapy does not assume any responsibility or liability for any content that is generated, posted or communicated by any user on or through the ColorTherapy. You agree to indemnify ColorTherapy and each of their respective employees, contractors, officers, directors, agents, representatives, vendors, and content providers from any liability or damages arising out of or resulting from any content you post or communicate on or through the ColorTherapy.   

Without limiting the generality of these policies and standards, the following actions are examples of behavior that violate these terms of service and may result in any or all of your ColorTherapy account(s) being immediately suspended or terminated:

  • Posting, transmitting, promoting, or distributing any content that is illegal.

  • Harassing or threatening any other user of the ColorTherapy or any employee or contractor of ColorTherapy.

  • That promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

  • advocates harassment or intimidation of another person;

  • requests money from, or is intended to otherwise defraud, other users of the Service;

  • contains, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);

  • promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;

  • provides material that exploits people in a sexual, violent or other illegal manner, or solicits personal information from anyone under the age of 18;

  • provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone’s privacy, or providing, disseminating or creating computer viruses;

  • Impersonating another person, indicating that you are a ColorTherapy employee or a representative of ColorTherapy (if you are not), or attempting to mislead users by indicating that you represent ColorTherapy in any way.

  • Attempting to obtain a password, other account information, or other private information from any other user of the ColorTherapy.

  • Uploading any software, files, photos, images or any other content to ColorTherapy that you do not own or have the legal right to freely distribute, or that contain a virus or corrupted data, or any other malicious or invasive code or program.  

  • Posting messages for any purpose other than personal communication, including without limitation advertising, promotional materials, chain letters, pyramid schemes, political campaigning, soliciting funds, mass mailings and sending "spam", or making any commercial use of any ColorTherapy images.

  • Sharing images within the app

  • Disrupting the normal flow of dialogue, or otherwise acting in a manner that negatively affects or disrupts other users.

  • Posting images as your own which created/colored by some other user.  

  • Improperly using any game support functions or complaint buttons, or making false complaints or other reports to ColorTherapy representatives.

  • Posting or communicating any user’s real-world personal information within a ColorTherapy.

  • Uploading or transmitting, or attempting to upload or transmit, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, gifs, 1x1 pixels, web bugs, and other similar devices.

  • Using or launching any automated system, including, without limitation, any spider, bot, cheat utility, scraper or offline reader that accesses a ColorTherapy, or using or launching any unauthorized script or other software.

  • Using a false e-mail address or otherwise disguising the source of any content that you submit within a ColorTherapy, or using tools which anonymize your internet protocol address.

  • Interfering or circumventing any ColorTherapy security feature or any feature that restricts or enforces limitations on use of or access to a ColorTherapy.

  • Attempting to sell any part of a ColorTherapy, including, without limitation, any virtual items (if applicable), ColorTherapy accounts and access to them in exchange for real currency or items of monetary or other value.

  • Engaging in cheating or any other activity that ColorTherapy deems to be in conflict with the spirit of ColorTherapy.

You are solely responsible for your interactions with other users. You understand that the we currently do not conduct criminal background checks or screenings on its users. The ColorTherapy also does not inquire into the backgrounds of all of its users or attempt to verify the statements of its users. The ColorTherapy makes no representations or warranties as to the conduct of users or their compatibility with any current or future users. The ColorTherapy reserves the right to conduct any criminal background check or other screenings (such as sex offender register searches), at any time and using available public records.

In no event shall the we, our affiliates or our partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users or persons you meet through the Service.

You understand that we make no guarantee, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users. You agree that any Content you place on the Service may be viewed by other users and may be viewed by any person visiting or participating in the Service.

You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available (hereinafter, “post”) on the Service or transmit to other users, images with text messages, chat, photographs, or profile text, whether publicly posted or privately transmitted (collectively, “Content”). You may not post as part of the Service, or transmit to the ColorTherapy or any other user (either on or off the Service), any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity).

Suspension And Termination Of Account And Service

User Account will be considered active until we receive a user request to deactivate or delete it. You understand and agree that the ColorTherapy may, but is not obligated to, monitor or review any Content you post as part of a Service. We do not guarantee that the app or any content contained on the app will always be available or be uninterrupted. We reserve the right to limit, suspend, terminate, modify, or delete the User Account we provide to you or your access to our Services or portions thereof (including any Content you or other users submit) for any reason, with or without notice and at any time, including, without limitation, if you are, or we suspect that you are, improperly using the Services, violating any applicable laws or failing to comply with this Terms of Service. We also reserve the right to stop offering and/or supporting the Services or any part of the Services at any time either permanently or temporarily, for any reason, with or without notice to you, at which point your use of the Services or any part thereof will be automatically terminated or suspended. ColorTherapy reserves the right to investigate, suspend and/or terminate your account if you have misused the Service. The following is a partial list of the type of actions that you may not engage in with respect to the Service. You will not:  

  • impersonate any person or entity.

  • solicit money from any users.

  • “stalk” or otherwise harass any person.

  • express or imply that any statements you make are endorsed by the us without our specific prior written consent.

  • use the Service in an illegal manner or to commit an illegal act;

  • access the Service in a jurisdiction in which it is illegal or unauthorized;

  • collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Service.

  • use the user account of someone else without there permission.

  • interfere with or disrupt the Service or the servers or networks connected to the Service.

Upon termination of your Account or upon your deletion of any Content from the Services, ColorTherapy shall make reasonable efforts to disassociate such Content from your User Account; however, you acknowledge and agree that: (a) caching of, copies of, or references to such Content may not be immediately removed; (b) such removed Content may persist in backups for a reasonable period of time; and (c) such removed Content may continue to be publicly available (and stored on our or third party servers) through the accounts of other users, if the same has been liked by another user.
You are responsible for maintaining the confidentiality of the username and password you designate during the registration process, and you are solely responsible for all activities that occur under your username and password. You agree to immediately notify the us of any disclosure or unauthorized use of your username or password or any other breach of security at URL for contact and ensure that you log out from your account at the end of each session. You are responsible for maintaining the confidentiality of the username and password you designate during the registration process, and you are solely responsible for all activities that occur under your username and password. You agree to immediately notify the us of any disclosure or unauthorized use of your username or password or any other breach of security at URL for contact and ensure that you log out from your account at the end of each session.

Commercial Activity and Unsolicited E-mail

You may not use any portion of the ColorTherapy to collect information, including login names, about other users, and use of such information to send unsolicited e-mail or for any other purpose is strictly prohibited. You may not advertise any goods or services on any ColorTherapy, or otherwise exploit your participation on or through any ColorTherapy for any commercial purpose.  

Customer Reviews

You may submit reviews regarding ColorTherapy. Use of the reviews feature is for your personal, non-commercial use and is at your own option and risk, and you must comply with the policies set forth in these terms of service and the Google Play iOS App Store Review Guidelines.  

When you post a review, Google Play, Microsoft App Store or iOS App Store may display your rating of the ColorTherapy, along with your user name and certain other information you may provide, such as your city and state location, skill level, favorite game and favorite genres. By submitting a review, you are consenting to the release of all information that you provide in that review to a public forum. If you do not want any such information to be shared in a public forum, do not use the review feature.

Color Therapy Software

We may require that you download certain software from ColorTherapy, its principals or its licensors onto your device ("ColorTherapy Software"). Subject to your compliance with these terms of service, ColorTherapy grants to you a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to use the ColorTherapy Software. The ColorTherapy Software is for your personal use, and may not be reproduced, duplicated, copied, resold, sublicensed, or otherwise used in whole or in part by you for commercial purposes. You may not modify, translate, reverse-engineer, reverse-compile or decompile, disassemble or create derivative works from any of the ColorTherapy Software.

NEITHER COLORTHERAPY, NOR ITS LICENSORS ARE LIABLE FOR ANY DAMAGES IN CONNECTION WITH YOUR USE OF ANY COLORTHERAPY SOFTWARE (INCLUDING LIABILITY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGE TO YOUR DEVICE HARDWARE OR SOFTWARE), AND THE ENTIRE RISK OF USE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO YOUR DEVICE HARDWARE OR SOFTWARE, RESULTING FROM ANY USE OF THE COLORTHERAPY SOFTWARE AND COLORTHERAPY UNLIMITED, RESIDES WITH YOU.  

Social Network Sites

ColorTherapy has ability to connect with Social networking platforms. You may share the content on all partnered social networking sites.

ColorTherapy may manage, modify or eliminate the partnership with any of the social networking sites at any time.
 

Third Party Links And Third Party Content And Services

Any and all software, content and services (including advertising) within a ColorTherapy that are not owned by ColorTherapy are "third party content and services." ColorTherapy acts merely as an intermediary service provider of, and accepts no responsibility or liability for, third party content and services. In addition and without limiting the generality of the foregoing, certain ColorTherapy may include videos or links to sites or other apps operated by third parties, including advertisers and other content providers. Those sites/apps may collect data or solicit personal information from you. ColorTherapy does not control such sites/apps, and is not responsible for their content, policies, or collection, use or disclosure of any information those sites may collect.  For example, the Services may include a feature that enables you to share Content from the Services or your Content with a third party, which may be publicly posted on that third party’s service or application. We have no control over, and assume no responsibility for, the content, privacy policies or practices of any third-party App, service, feature or application. In addition, we will not and cannot censor or edit the content of any third-party App, service, feature or application. By using the Services, you expressly relieve us of any and all liability arising from your use of any third-party App, service, feature or application. Accordingly, we encourage you to be aware when you leave the Services and to read the terms of service and privacy policy of each other App that you visit. Your correspondence and dealings with third parties in connection with the Services are solely between you and such third parties.

Entire Agreement

These Terms of Service, any Supplemental Policies and any documents expressly incorporated by reference herein contain the entire understanding of you and ColorTherapy, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Service.


No Waiver

The failure of ColorTherapy to require or enforce strict performance by you of any provision of these Terms of Service or the ColorTherapy Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of ColorTherapy’s right to assert or rely upon any such provision or right in that or any other instance.

The express waiver by ColorTherapy of any provision, condition, or requirement of these Terms of Service or the ColorTherapy Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.  

Except as expressly and specifically set forth in these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by ColorTherapy shall be deemed a modification of these Terms of Service, or legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of ColorTherapy.

Violation Of These Terms Of Service

If you violate our terms of service, ColorTherapy reserves the right, in its sole discretion, to immediately terminate your participation. You acknowledge that ColorTherapy is not required to notify you prior to terminating any such account.

Intellectual Property Rights

The names and logos, and other graphics, logos, icons, and service names associated with the ColorTherapy are trademarks, registered trademarks or trade dress of ColorTherapy or its licensors or principals in the Hong Kong and/or other countries. ColorTherapy trademarks and trade dress may not be used in connection with any product or service that is not owned or operated by or on behalf of ColorTherapy, or in any manner that is likely to cause confusion among consumers or that disparages or discredits ColorTherapy. The compilation of all content on the ColorTherapy is the exclusive property of ColorTherapy and is protected by laws of Hong Kong including but not limited to Copyright Ordinance (Cap 528) and the largely amended Trade Descriptions Ordinance (Cap 362) of Hong Kong and international copyright laws. You may not use, copy, transmit, modify, distribute, or create any derivative works from any content from the ColorTherapy unless we have expressly authorized you to do so in writing. All other trademarks not owned by ColorTherapy that appear on the ColorTherapy are the property of their respective owners, who may or may not be affiliated with or connected to ColorTherapy. If you fail to adhere to these terms of service, other content owners may take criminal or civil action against you. In the event legal action is taken against you for your acts and/or omissions with regard to any content on the ColorTherapy, you agree to indemnify and hold harmless ColorTherapy and its employees, contractors, officers, directors, agents, representatives, vendors, and content providers. Also, please note that you may be liable for damages (including costs and attorney/lawyer’s fees) if you make a false claim copyright infringement.

Limitations On Warranties And Liability

YOU EXPRESSLY AGREE THAT THE USE OF ANY COLORTHERAPY’S SOFTWARE AND THE INTERNET IS AT YOUR SOLE RISK. ALL COLORTHERAPY AND COLORTHERAPY SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COLORTHERAPY DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE COLORTHERAPY SOFTWARE AT ANY PARTICULAR TIMES OR LOCATIONS, OR THAT THE COLORTHERAPY, COLORTHERAPY SOFTWARE, NEWSLETTERS, E-MAILS OR OTHER COMMUNICATIONS SENT FROM COLORTHERAPY ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.  

YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH COLORTHERAPY IS TO STOP USING THE COLORTHERAPY SOFTWARE, AND TO CANCEL ANY AND ALL OF YOUR COLORTHERAPY ACCOUNTS, IF APPLICABLE. YOU ACKNOWLEDGE AND AGREE THAT COLORTHERAPY IS NOT LIABLE FOR ANY ACT OR FAILURE TO ACT ON ITS OWN PART, OR FOR ANY CONDUCT OF, OR COMMUNICATION OR CONTENT POSTED WITHIN A COLORTHERAPY BY, ANY COLORTHERAPY USER. IN NO EVENT SHALL COLORTHERAPY’S OR ITS EMPLOYEES', CONTRACTORS', OFFICERS', DIRECTORS' OR SHAREHOLDERS' LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO COLORTHERAPY FOR YOUR PARTICIPATION IN ANY COLORTHERAPY. IN NO CASE SHALL COLORTHERAPY OR ITS EMPLOYEES, CONTRACTORS, OFFICERS, DIRECTORS OR SHAREHOLDERS BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF COLORTHERAPY SOFTWARE. BECAUSE SOME STATES/REGIONS OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES/ REGIONS OR JURISDICTIONS, SUCH LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.  

YOU FURTHER SPECIFICALLY ACKNOWLEDGE LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF COLORTHERAPY AND OPERATORS OF SOCIAL NETWORKING AND OTHER EXTERNAL SITES/APPS, AND THAT THE RISK OF USING OR ACCESSING COLORTHERAPY OFFERINGS AND COLORTHERAPY SOFTWARE, SOCIAL NETWORKING SITES AND OTHER EXTERNAL SITES, AND OF INJURY FROM THE FOREGOING, RESTS ENTIRELY WITH YOU.

Indemnification

You agree to defend, indemnify and hold harmless ColorTherapy and its respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers from and against any and all liabilities, claims and expenses, including attorneys' fees, that arise from a breach of these terms of service for which you are responsible or in connection with your transmission of any content to, on or through any ColorTherapy. Without limiting your indemnification obligations described herein, ColorTherapy reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.   

Other Legal Terms

You agree that these terms of service are not intended to confer and do not confer any rights or remedies upon any third party. If any part of these terms of service are held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. If any provision of these terms of service is found to be illegal or unenforceable, these terms of service will be deemed modified to the extent necessary to make them legal and enforceable, and will remain, as modified, in full force and effect. These terms of service, including all terms and policies referenced herein, contain the entire understanding, and supersede all prior agreements, between you and ColorTherapy relating to this subject matter, and cannot be changed or terminated orally.

Applicable Law, Jurisdiction, And Venue

  1. Governing Law. The Parties hereby agree that all actions brought in respect of this Agreement, or any Services delivered pursuant to this Agreement, shall be brought before a Competent Courts of Hong Kong, and the parties hereby acknowledge the exclusive jurisdiction of the Competent Courts of Hong Kong. This Agreement shall be governed by the internal substantive laws of Hong Kong, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Nothing in this Section shall preve

nt either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, Intellectual Property Rights, or other proprietary rights. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESSWE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION

Force Majeure

ColorTherapy shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of ColorTherapy, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond ColorTherapy’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

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