Terms of Service
1. Acceptance of terms
By using ChromaChecker online and offline products and services (collectively, "the Service"), provided by ChromaChecker™ Corporation (collectively, "ChromaChecker™," "We" or "Us") you agree to be bound by the following Terms of Service ("TOS"). The TOS may be updated by us from time to time without notice. You can review the most current version of the Terms of Service ("TOS") at any time at: https://www.chromachecker.com/other_tools/en/manual/termsofservice
If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind the entity to these terms and conditions, in which case the terms "you" or "your" shall refer to the entity. If you do not have such authority, or if you do not agree with these terms and conditions, you may not use the ChromaChecker Service.
If You are entering into this Term of Service on behalf of a company or other legal entity, You represent that You have the authority to bind such entity and its affiliates to these TOS, in which case the terms “you” or “your” shall refer to such entity and its affiliates. If You do not have such authority, or if you do not agree with these TOS, You must not accept these TOS and may not use the Service.
You agree and understand that the ChromaChecker™ Service may include certain communications from ChromaChecker™, such as informational messages or service announcements and that these communications are considered part of ChromaChecker membership and that you will not be able to opt out of receiving them.
Features and changes that enhance the current Service shall be subject to the TOS.
You understand and agree that the ChromaChecker™ Service is provided "as is" and that ChromaChecker™ assumes no responsibility for the deletion, timeliness, misdelivery of or failure to store any user content or settings.
You are responsible for gaining access to the ChromaChecker™ Service, which access may involve third-party fees (such as Internet Service Provider charges).
You are responsible for those fees. You must provide and you are responsible for all equipment necessary to access the Service.
You may not access the ChromaChecker™ Service for purposes of monitoring its functionality, availability, or performance, or for any other benchmarking or competitive purposes, without ChromaChecker's prior written consent.
You may not access the ChromaChecker™ Service if you are a direct competitor of ChromaChecker™, except with ChromaChecker's prior written consent.
2. Your account
In consideration of your use of the ChromaChecker™ Service, you represent and warrant that (i) you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States, Canada or any other applicable jurisdiction, (ii) your use of the Service does not violate any applicable law or regulation. Accounts registered by "bots" or other automated methods are not permitted. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the ChromaChecker Service's registration form ("Registration Data"); and (b) maintain and update the Registration Data to keep it true, accurate, current and complete. If you provide any information that untrue, not accurate, not current or incomplete, or ChromaChecker™ has reasonable grounds to suspect that such information is untrue, not accurate, not current or incomplete, ChromaChecker has the right to suspend or terminate your account and refuse any and all current or future use of the Service or any portion thereof.
Registration Data and other information about you is subject to our Privacy Policy which is incorporated by reference herein in its entirety. For more information, see our full privacy policy at http://www.ChromaChecker.com/privacy/. You understand that through your use of the Service you consent to the collection and use (as set out in the Privacy Policy) of this information.
You will be provided a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify ChromaChecker of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session. ChromaChecker cannot and will not be liable for any loss or damage arising from your failure to comply with the TOS, including this Section}
You must provide us with accurate information when creating your account. Your account will give you access to the Services. You will be solely responsible and liable for any and all access to and use of the Service (including all activities and transactions) by any person logging in under your account.
3. Your content and use of content
You understand that all information, data, text, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not ChromaChecker™, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. ChromaChecker™ does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent, objectionable or illegal in your jurisdiction. Under no circumstances will ChromaChecker be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, under any applicable laws;
harm minors in any way;
impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
disguise the origin of any Content transmitted through the Service;
upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any applicable law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", or any other form of solicitation;
upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
act in a manner that negatively affects other users' ability to use the Service;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
intentionally or unintentionally violate any applicable local, state, national or international law;
provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.
You acknowledge that ChromaChecker™ may or may not pre-screen Content, but that ChromaChecker and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, ChromaChecker and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by ChromaChecker™ or submitted to ChromaChecker™.
You acknowledge, consent and agree that ChromaChecker may access, preserve and disclose your account information and Content if required to do so by any applicable law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with any applicable legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of ChromaChecker, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
ChromaChecker™ does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant ChromaChecker™ the following worldwide, royalty-free and non-exclusive license(s): the perpetual, irrevocable and fully license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
or
The ChromaChecker™ Service allows you to post or upload information, graphics, or other material (collectively “Content”), thereby allowing you to share the Content with others. All Content is provided on a voluntarily basis. Although you retain ownership of your Content, the Content may be accessed, copied, modified, or shared by other users of the Service. You acknowledge that all Content may be viewed and copied by other users authorized in accordance with your settings on the Service, and that you are responsible for understanding and complying with all of your legal obligations about protecting the proprietary and confidential nature of such Content.
Users can grant access to selected data for general sharing of data between users.
4. Billing
We will begin billing you for subscription fees corresponding to your subscription plan, plus any applicable tax, at the end of your initial subscription period, unless you cancel prior to the end of your subscription. To view the specific details of your subscription plan, the account owner can check the "Account Management - Subscription" page, available after logging into the Service. You will not receive a notice from us that your subscription period has ended or that your next paying subscription has begun.
Your Service subscription will be automatically renewed at the end of your subscription period. We will bill the subscription fee plus any applicable tax to you. Your membership will automatically renew for successive subscriptions, without prior notice to you, unless and until you cancel your membership, or we terminate it. You must cancel your membership before it renews in order to avoid billing of the next period's subscription fees to your payment method.
By using the Service, you are expressly agreeing that we are permitted to bill you a subscription fee, any applicable tax and any other charges you may incur in connection with your use of the Service. Additional charges may include service level changes you request. The subscription fee will be billed at the beginning of your subscription and on each renewal thereafter, unless and until you cancel your membership. We will automatically bill you each billing period on the calendar day corresponding to the commencement of your membership. All fees and charges are nonrefundable, and there are no refunds or credits for partially used periods, or where you have elected to downgrade service levels or otherwise remove any paid component or feature. If you elect to upgrade your service level or otherwise add any paid component or feature, we will pro-rate the amount due based on the number of days remaining in your billing cycle; provided, however, that any such proration shall be based on your service level or paid components or features in existence immediately prior to your election to upgrade or add paid components or features. We may change the fees and charges in effect or add new fees and charges from time to time. We will inform you of any increase or addition to existing fees and we may offer you a grace period in which your fees will not increase for a certain period of time. If you do not accept the increase or addition to the existing fees, you may elect to terminate your account during the then current billing period and you shall not be liable for such fee increase after the applicable billing period; however, any later renewal of service will be subject to the increased fee structure. If your credit or debit card reaches its expiration date, your continued use of the Service constitutes your authorization for us to continue billing you, and you remain responsible for any uncollected amounts.
If you change your service level (downgrade it), you may cause the loss of Content or features for your account. ChromaChecker does not accept any liability for such loss. You may cancel your subscription to the Service at any time, and cancellation will be effective immediately. We don’t provide credits or refunds for any partial subscription periods or any feature that you have paid for but not used.
If you do not renew your subscription, ChromaChecker™ will delete your content from the server and all history will be lost should the User decide to rejoin the service later. You will have 60 days to make payment from the conclusion of your subscription to ensure your data is not deleted.
In connection with your purchase of the Service, you may be subject to taxes, including, without limitation, sales and use taxes, by any authority which has jurisdiction to impose such taxes. You agree that the obligation and payment of any such taxes shall be your sole and absolute responsibility, and you agree to indemnify ChromaChecker pursuant to Section 6(vi) to the extent that ChromaChecker incurs any obligations or other liabilities in connection with such taxes.}
ChromaChecker™ site provides services related to color control and color management to help users ensure that their measurement devices and color output devices are functioning as expected within the given color tolerance that the user has determined is required for the intended use.
5. Formulas and source data
For analysis, in most cases, only spectral raw data are taken into account. No Lab, XYZ or other colorimetrical data is imported. Generally all calculations provided by ChromaChecker comply with ISO 13655, however, in some cases, results provided by other solutions may slightly differ. ChromaChecker developed several unique analysis methods that are not comparable to other competitive products.
6. General practices regarding use
You acknowledge that ChromaChecker™ may establish limits and general practices concerning use of the Service, including without limitation the maximum number of days that Content will be retained by the Service, the maximum number of measurement data that may be uploaded by an account on the Service, the maximum size of measurement data that may uploaded by an account on the Service, the maximum disk space that will be allotted on ChromaChecker's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that ChromaChecker has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted by the Service. You acknowledge that ChromaChecker reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that ChromaChecker reserves the right to modify these general practices and limits from time to time.
7. Modifications to Service
ChromaChecker™ reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that ChromaChecker™ shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
8. Special admissions for international use
The internet, because of its global nature, you agree to comply with any and all applicable local, state, national or international laws and regulations regarding online conduct, acceptable Content and use of the Service. Specifically, you also agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country or jurisdiction in which you reside.
9. ChromaChecker's proprietary rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by ChromaChecker or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
{This Service contains the very valuable intellectual property of ChromaChecker. You may use such intellectual property as necessary for you to access the ChromaChecker Service, as otherwise authorized under these Terms of Use. However, you receive no other licenses or rights, whether express or implied, in any ChromaChecker intellectual property that you may access through the Service.
10. ChromaChecker trademarks
ChromaChecker™ and ChromaChecker’s various logos used or displayed on the Service are trademarks of ChromaChecker Corporation and you may only use these trademarks or logos for promotional purposes to identify yourself as a customer or user of the ChromaChecker products and services, provided you do not attempt to claim ownership of the marks by incorporating any of them within your names or offerings.
11. Other trademarks
All other trademarks or registered trademarks are the property of their respective owners.
12. No resale of Service
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the ChromaChecker™ Service, use of the Service, or access to the Service unless you otherwise have an agreement with us which specifically grants you such right(s).
13. Termination and cancellation
You agree that ChromaChecker may without prior notice immediately terminate your ChromaChecker account and access to the Service. Such termination may be made in ChromaChecker's sole and absolute discretion with or without cause. For illustrative purposes only, the situations in which ChromaChecker may terminate your account and access to the Service shall include, but not be limited to:
(a) breaches or violations of the TOS or other incorporated agreements or guidelines;
(b) requests by law enforcement or other government agencies;
(c) a request by you (self-initiated account deletions):
(d) discontinuance or material modification to the Service (or any part thereof):
(e) unexpected technical or security issues or problems;
(f) extended periods of inactivity;
(g) engagement by you in fraudulent or illegal activities; and/or
(h) nonpayment of any fees owed by you in connection with the Service. Further, you agree that all terminations for cause shall be made in ChromaChecker's sole and absolute discretion and that ChromaChecker shall not be liable to you or any third party for any termination of your account, or access to the Service.
14. Disclaimer of warranties
You expressly understand and agree that:
Your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis. ChromaChecker™ and its parent, subsidiaries, affiliates, officers, directors, shareholders, employees, agents, attorneys, partners, licensors and other representatives expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
ChromaChecker™ and its parent, subsidiaries, affiliates, officers, directors, shareholders, employees, agents, attorneys, partners, licensors and other representatives make no warranty that: (i) the service will meet your 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 purchased or obtained by you through the service will meet your expectations; and (v) any errors in the software will be corrected.
Any material downloaded or otherwise obtained through the use of the service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from ChromaChecker™ or through or from the service shall create any warranty not expressly stated in the TOS.
15. Limitation of liability
You expressly understand and agree that ChromaChecker™ and its parent, subsidiaries, affiliates, officers, directors, shareholders, employees, agents, attorneys, partners, licensors and other representatives shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if ChromaChecker™ has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service. Notwithstanding anything to the contrary contained herein, ChromaChecker™’s maximum aggregate liability to you for any causes whatsoever, and regardless of the form of action, will at all times be limited to the greater of (i) the amount paid, if any, by you to ChromaChecker™ for the service in the 12 months prior to the action giving rise to liability or (ii) $100
16. Exclusions and limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections 15 and 16 may not apply to you.
17. General information
{Entire Agreement. The TOS constitute the entire agreement between you and ChromaChecker™ and govern your use of the Service, superseding any prior agreements between you and ChromaChecker™ with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other ChromaChecker™ services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The TOS and the relationship between you and ChromaChecker™ shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions. You and ChromaChecker™ agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Delaware regardless of (i) your world-wide physical location, or (ii) the jurisdiction where you purchased or use the Service.
Notice and Future Changes. ChromaChecker™ may provide you with notices, including those regarding modifications to the TOS (including the Privacy Policy), by email or via the web-site. You agree to review the TOS (including the Privacy Policy) periodically so that you are aware of any modifications. Your continued use of the Service after any modifications indicates your acceptance of the modified TOS (and all other agreements, policies, rules and guidelines referred to herein). Unless expressly stated otherwise by ChromaChecker™, any new features, new services, enhancements or modifications to the Service implemented after your initial access to the Service shall be subject to these TOS.
Waiver and Severability of Terms. The failure of ChromaChecker™ to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of the TOS shall remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your ChromaChecker™ account is non-transferable and any rights to your ChromaChecker™ ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect}
18. Web-Site Links
{You may gain access to other web-sites on the Internet through “links” which are not part of the ChromaChecker™ website. The linked websites are not under the control of ChromaChecker™. ChromaChecker™ is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. The provision by ChromaChecker™ of a link to another site does not constitute an authorization by ChromaChecker™ to access materials at that site or an endorsement by ChromaChecker™ of any such materials.}
19. Digital Millennium Copyright Act
ChromaChecker respects the intellectual property of others. It is our policy to respond promptly to claims of intellectual property misuse and, where applicable, remove the potentially infringing material.
Pursuant to 17 U.S.C. § 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), ChromaChecker™ Corporation . has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. If you believe your copyrights are being infringed by a ChromaChecker customer or other third party on Service, please email Notice of Infringement to ChromaChecker at david@chromachecker.com or call 1800.91.PILOT
The Notice of Infringement must substantively comply with the safe harbor provisions of the Digital Millennium Copyright Act and must contain the information required as set forth in 17 U.S.C. § 512(c)(3)(A). Notification from a copyright owner or from a person authorized to act on behalf of the copyright owner that fails to comply substantially with the provisions of 17 U.S.C. § 512(c)(3)(a) shall not be considered as providing actual knowledge or an awareness of facts or circumstances from which infringing activity is apparent. Please provide a separate notice of infringement each time you wish to report alleged acts of infringement and fax it to the number provided.
