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Image Innovators International Pty Ltd Terms of Use

INTRODUCTION

Welcome to this website or mobile application that is owned by Image Innovators International Pty Ltd and/or its affiliates (“we”, “us”, or “IIIPL”). IIIPL operates various websites, including https://www.imageinnovators.com/ and mobile applications such as “Your Color ID”. IIIPL is registered in Australia with offices at Image Innovators International Pty Ltd, 16/43-45 East Esplanade, Manly NSW 2095 Australia. IIIPL provides its various website features and mobile applications to you subject to the following guidelines, terms, and conditions ("Terms"). The Terms you are reading are a legally binding agreement between IIIPL and yourself (“you”). By accessing or using any IIIPL website or mobile application (collectively, the “Services”), you agree that you have read and understood and accept and agree to be bound by these Terms. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICES. Please read them carefully. In addition, when you use any current or future IIIPL Services or business, you also will be subject to the Terms applicable to such Services or business.

IIIPL reserves the right, in its sole discretion, to revise or modify these Terms at any time, and you agree to be bound by such revisions or modifications. Users are responsible for viewing these Terms periodically. Your continued use of the Services after a change or modification of these Terms will constitute your acceptance of the revised Terms. If you do not agree to the Terms, your only remedy is to discontinue your use of the Services and to cancel any Accounts you have created using the Services.

If you violate the Terms, IIIPL reserves the right to issue you a warning regarding the violation or immediately terminate or suspend any or all Accounts you have created using the Services. You agree that IIIPL need not provide you notice before terminating or suspending your Account(s), but it may provide such notice in its sole discretion.

You agree that IIIPL may change any part of the Services, including content, at any time or discontinue the Services or any part thereof, for any reason, without notice to you and without liability. You declare that by acceptance of these Terms and/or by using the Services, you are of legal age to form a binding contract with IIIPL or under the strict and continuous supervision of a parent or any other qualified legal guardian, and in any case that you are at least 13 years of age. You may not use the Services and may not accept these Terms if you are a person barred from receiving the Services under the laws of the country in which you are resident or from which you use the Services.

ELECTRONIC COMMUNICATIONS

When you visit IIIPL websites or mobile applications or send e-mails to us, you are communicating with us electronically, and you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or mobile application. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

The Services may provide communication channels such as forums, communities, or chat areas (“Communication Channels”) designed to enable you to communicate with other Services users. IIIPL is under no obligation to monitor these communication channels but may do so and reserves the right to review materials posted to the Communication Channels and to remove any materials, at any time, with or without notice for any reason, at its sole discretion. IIIPL may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason. You acknowledge that chats, postings, or materials posted by users on the Communication Channels are neither endorsed nor controlled by IIIPL, and these communications should not be considered reviewed or approved by IIIPL. You will be solely responsible for your activities within the Communication Channels, and under no circumstances will IIIPL be liable for any activity within the Communication Channels. You agree that all communications within the Communication Channels are public, and you have no expectation of privacy regarding your use of the Communication Channels. IIIPL is not responsible for information that you choose to share on the Communication Channels or for the actions of other users.

COPYRIGHT

All content included on this site or mobile application, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of IIIPL or its content suppliers and is protected by Australian and international copyright laws. The compilation of all content on this site or mobile application is the exclusive property of IIIPL and is protected by Australian and international copyright laws. All software used on this site or mobile application is the property of IIIPL or its software suppliers and is protected by Australian and international copyright laws.

TRADEMARKS

IIIPL's trademarks may not be used in connection with any product or service that is not IIIPL's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits IIIPL.

All other trademarks on this site or mobile application are not owned by IIIPL and are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by IIIPL.

PRIVACY

To understand our practices, please review the IIIPL Privacy Policy, which governs your visit to any IIIPL website or mobile application.

LICENSE AND SITE ACCESS

IIIPL grants you a limited license to access and make personal use of this site or mobile application and not to download (other than page caching) or modify it or any portion of it, except with the express written consent of IIIPL. This license does not include any resale or commercial use of this site or mobile application or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or mobile application or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or mobile application or any portion of this site or mobile application may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of IIIPL. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of IIIPL without express written consent. You may not use any meta tags or any other "hidden text" utilizing IIIPL's name or trademarks without the express written consent of IIIPL. Any unauthorized use terminates the permission or license granted by IIIPL. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of an IIIPL website so long as the link does not portray IIIPL or its products or Services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any IIIPL logo or other proprietary graphic or trademark as part of the link without express written permission.

ACCOUNT INFORMATION

During the process of creating access to the Services (“Account”), you may be required to select a password or to allow us to access your Account information from a social network Services (the “Login Information”). The following rules govern the security of your Account and Login Information. For the purposes of these Terms, references to Account and Login Information shall include any account and account information, including usernames, passwords, or security questions, whether created for the purpose of using the Services, that are used to access the Services (for example, account information for a social network Services account from which the Services is accessed).

You shall not share your Account or Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account. IIIPL will not ask you to reveal your password and will not initiate contact with you, asking for answers to your password security questions.

In the event, you become aware of or reasonably suspect any breach of security, including, without limitation, any loss, theft, or unauthorized disclosure of your Login Information or unauthorized access to your Account, you must immediately notify IIIPL and modify your Login Information.

You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of your Login Information, including purchases, whether authorized by you.

You are responsible for anything that happens through your Account, whether you took such actions. You, therefore, acknowledge that your Account may be terminated if someone else uses it to engage in any activity that violates these Terms or is otherwise improper or illegal.

You undertake to monitor your Account and restrict use by any individual barred from accepting these Terms and/or receiving the Services under the provisions listed herein or any applicable law. You shall accept full responsibility for any unauthorized use of the Services by any of the above-mentioned.

IIIPL reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates such a third party’s rights.

You understand that your username and profile picture will be publicly available and that search engines may index your name and photo.

Any personal information you provide to us when creating or updating your Account, which may include your name, birth date, e-mail address, body measurements and clothes size, personal style and fashion preferences, body sentiment, shopping budget and, in some cases, payment information, will be held and used in accordance with IIIPL’s Privacy Policy. You agree that you will supply accurate and complete information to us and update that information promptly after it changes.

Without derogating from the provisions of IIIPL’s Privacy Policy, you agree to receive an email that promotes material regarding special offer(s), including third-party offers which may be designated specifically to you based on your personal information.

ACCOUNT TERMINATION

IIIPL may refuse access to the Services or may terminate your Account without notice for any reason, including, but not limited to, a suspected violation of these Terms, illegal or improper use of your Account, or illegal or improper use of the Services, User Content (as defined below), products, or IIIPL’s intellectual property as determined by IIIPL in its sole discretion. You may lose your username and persona, if applicable, as a result of Account termination, without responsibility on the part of IIIPL for any damage that may result from the foregoing. If you have more than one Account, IIIPL may terminate all your Accounts.

In addition to the foregoing, IIIPL may selectively remove, revoke, or garnishee Benefits associated with your Account. “Benefits” mean licensed rights granted, awarded, gifted, provided to and/or purchased by you to access and/or use online or off-line elements or features of the Services and/or products, and include but are not limited to paid and free downloadable content, virtual currency, digital and/or virtual assets, unlockable content, rights of use tied to unlock keys or codes, serial codes and/or online authentication of any kind, and in-Services ranking or status. If your Account, or a particular subscription for the Services associated with your Account, is terminated, suspended and/or if any Benefits are selectively removed, revoked or garnisheed from your Account, no refund will be granted, no Benefits will be credited to you or converted to cash or other forms of reimbursement, and you will have no further access to your Account or Benefits associated with your Account or the particular Services.

You acknowledge that IIIPL is not required to provide you notice before suspending or terminating your Account or selectively removing, revoking, or garnisheeing Benefits associated with your Account. If IIIPL terminates your Account, you may not participate in any of the Services again without IIIPL’s express permission. IIIPL reserves the right to refuse to keep Accounts for and provide access to the Services or other Services to any individual. You may not allow individuals whose Accounts have been terminated by us to use your Account. If you believe any action has been taken against your Account in error, please contact us.

As such, you should preserve the originals of any content you provide and/or upload to the Services. You should have no expectation that any content will always be available through the Services. Do not rely upon the Services as a storage space for such content.

PHOTOGRAPHS, REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER USER CONTENT

IIIPL does not claim ownership of any data, video, text, graphics, photographs, or other content, and their selection and arrangement, uploaded to the Services by any user (“User Content”). However, by sending and/or creating by using the Services any User Content, you automatically grant IIIPL a non-exclusive, royalty-free, perpetual license of all worldwide rights to use, edit, modify, include, incorporate, adapt, record and reproduce such User Content, including, without limitation, all trademarks associated therewith, in any manner whatsoever, in or out of context, in all languages, in all media now known or hereafter created for the purposes set forth in the Services and these Terms, including for the avoidance of doubt commercial, non-commercial and/or promotional use by IIIPL associating such User Content with your user information, user name and/or profile picture. IIIPL may retain any raw material that you submit and make use of such material, including for testing purposes.

User Content may include reviews, comments, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the content. IIIPL reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant IIIPL the right to use the name that you submit in connection with such content if we choose. You represent and warrant that you own or otherwise control all the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify IIIPL for all claims resulting from content you supply. IIIPL has the right but not the obligation to monitor and edit or remove any activity or content. IIIPL takes no responsibility and assumes no liability for any content posted by you or any third party.

You agree that any content published by you through the Services is done so using technology and tools provided by IIIPL. You agree that you are publishing such content willingly and represent that you own such content, that you have all rights to publish said content and that publishing of the content by you complies with all applicable laws. You understand and agree that you may not sell, transfer, or license this content and/or application in any manner, in any country, without the explicit prior written permission of IIIPL. You grant IIIPL the right to act as an agent on your behalf as the Services operator.

IIIPL may or may not regulate User Content and provides no representations or guarantees regarding the accuracy, quality, or integrity of any User Content posted via the Services. By using the Services, you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that IIIPL will not under any circumstances be responsible or liable for any User Content, including, but not limited to, errors in any User Content or any loss or damage incurred by use of the User Content or for any failure to or delay in removing User Content.

IIIPL reserves the right (but shall at no time be obligated) to, in its sole discretion, remove, block, edit, move, disable, or permanently delete User Content from the Services with or without notice for any reason whatsoever. You hereby agree that, to the maximum extent permitted by applicable law, IIIPL shall at no time be responsible or held liable for the removal, modification or blocking of material or User Content that may be considered offensive and shall at no time be obligated to effect such removal other than under applicable law.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY IIIPL ON AN "AS IS" AND "AS AVAILABLE" BASIS UNLESS OTHERWISE SPECIFIED IN WRITING. IIIPL MAKES NO REPRESENTATIONS NOR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, IIIPL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IIIPL DOES NOT WARRANT THAT THIS SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, THEIR SERVERS, OR E-MAIL SENT FROM IIIPL ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IIIPL WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

WITHOUT DEROGATING FROM THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE THAT SINCE THE SERVICES CONTAIN STYLE AND COLOUR SUGGESTIONS AND/OR RECOMMENDATIONS AND/OR IMAGES OF OTHER PERSONS DEMONSTRATING SUCH SUGGESTIONS AND/OR RECOMMENDATIONS, YOU MUST NOT BE OFFENDED BY SUCH SUGGESTIONS AND/OR RECOMMENDATIONS OR BY THE PERSONS DEMONSTRATING THE SAME. YOU HEREBY RELEASE IIIPL AND EACH OF ITS DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS, CONSULTANTS AND EMPLOYEES FROM ANY AND ALL CLAIM, DEMAND AND/OR LIABILITY OF ANY KIND IN CONNECTION WITH AND/OR RESULTING FROM THE FOREGOING.

DEALINGS WITH ADVERTISERS AND OTHER SUPPLIERS

Your correspondence or business dealings with, or participation in the purchase of goods, use of coupons, promotions of, advertisers or other suppliers found on or through the Services, including payment and delivery of related goods or Services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser or supplier. You agree that IIIPL will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or suppliers on the Services, including, for the avoidance of doubt any dealings with third-party vendors and/or merchants which were referred in any suggestions and/or recommendations provided through and/or within the Services.