Terms and Conditions

Safety Guide

Here at Color Your Life, we have two goals: providing a fun marketplace for our buyers and sellers and promoting a safe environment for all interactions, whether they’re online or offline.

If your interaction with a buyer or seller turns sour, or if both attempt to deceive you, or if they engage in Prohibited Conduct or list Prohibited Items and Services — anything shady! — please report them immediately, and we will take appropriate action. We want you to be safe and secure when using Color Your Life Platform, so if you are ever defrauded by a buyer or seller or feel your personal safety is threatened, please contact your local police immediately.

Personal Safety:

Color Your Life values your safety, the members and your transactions. So please be sure to:

Keep all communications and payments on the app — this is for your personal safety as well as to protect your transaction.
Use caution when transacting with Members who aren’t verified in the app, making requests that are out of the ordinary, or sending messages unrelated to the transaction.
Trust your gut and always check a seller’s or member’s profile page and ratings.

Financial Safety:

Never give your personal financial information to make or accept a purchase.
Never pay for an item or service listed on Color Your Life in whole or in part off the app which is not posted in the app.
Test an item to make sure that its description in the listing is accurate before rating your seller, especially if you’re purchasing electronics or a similar item.
Certain phone carriers will be able to tell you at their stores if a phone has been reported stolen.
Luxury brands often have trademark requirements posted online to verify authenticity.

Online Safety:

Buy and sell safely and securely! Follow these tips to be safe using Color Your Life and other apps.

Use kick-butt passwords. It’s time to stop using your “Party1999” password and adopt a phrase or an extremely uncrackable one like “5&10yYp%532pyQx#.”
Be a password ninja. Regularly change passwords and don’t use the same passwords for critical accounts.
Never share your Color Your Life account and passwords with third parties.

Your Account with Color Your Life

You’ll need to create an Account with Color Your Life to use some features of our Service. If Color Your Life determines that your use of an Account violates any of our Terms and Conditions, or is otherwise inappropriate or illegal, Color Your Life may, at its sole discretion, take action, up to and including the termination of your account. Additional information can be found in the Prohibited Conduct and Prohibited Items Policies. If you have previously violated our Terms and Conditions using another account, refuse to provide information, or if we are unable to verify the information you provided, you may be ineligible for an Account.

Here are a few rules about Accounts with Color Your Life:

You shall not use an Account for money laundering or any illegal purpose or in violation of any law or regulation or provision of these Terms. As a condition for using the Service, we hold all buyers or sellers accountable for violations of law, violations of these Terms and all applicable policies.
You must be 18 years of age or older to have an account
You may only register for and maintain one Account. You may be required to provide us with current and accurate information about yourself (such as your name, address, date of birth, and/or a copy of your driver’s license or other government-issued identification) (“User Information”). We may verify your User Information with a third-party vendor. We also may request you to send us additional documents or information to help us verify your identity. It is prohibited to use false information or impersonate another person through your Accoun
You are solely responsible for any activity and listings on your Account. You also are responsible for ensuring your Account accurately reflects your current User Information.

You are responsible for keeping your Account password secure. See Our Safety Guidelines for tips on keeping your Account secure. If you believe your account has been compromised, please contact us: [email protected]

Please visit our Help Center for questions about setting up an account with Color Your Life

Termination by You

You may terminate your Account with Color Your Life at any time from your Account Settings in the App. You can find more information in the Help Center. Terminating your Account will not affect the availability of some of your listing content that you posted through the Service prior to your termination and completed transaction information. You are still responsible for all fees, chargebacks/payment reversals or refunds received by Color Your Life, even after you close your Account. You remain obligated to resolve any disputes with other Users that are the result of purchases or sales of goods and services occurring prior to termination. Color Your Life-issued Points are invalid and expire upon termination of your account.

Scope of License

The App and Website are licensed for use only under our Terms. Color Your Life reserves all rights not expressly granted to you. Color Your Life hereby grants you a personal, limited, revocable, non-transferable license to use the App and Website on a single compatible device that you own or control, solely for your own personal use.

You may not modify, alter, reproduce, distribute or make the App or Website available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the App or Website.

You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App or Website, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or regulation or third party terms), nor attempt to disable or circumvent any security or other technological measure designed to protect the App or Website or any content available through the App or Website.

The Service may include open source software or third party software. Any such software is made available to You under the terms of the applicable licenses. Please refer to the Help Center Section for the applicable notices and license terms.

Third Party Services and Linked Websites

The Privacy Policy applies to your use of the Service and you consent to the collection and use of your information, including personally identifiable information by Color Your Life. Our Service may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook) that enable you to export information to third party services. You may also need to use a third party’s product or service to use some features of our Service (like a compatible mobile device to use our mobile apps) or use through our implementation of third party buttons (such as “share” buttons). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use and privacy policies. Color your Life is not a party to those agreements; they are solely between you and the third party.

Your Content

You must have the right to use the content that you post when using our Service (“Your Content”), including, but not limited to, usernames, shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, etc.).

Your Use of Our Service

License to Use Our Service. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Service—subject to these Terms and the following restrictions:

You understand that our Services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing or usage of trade.

We do not guarantee that the Service will be secure or available at any particular time or location; or that any defects or errors will be corrected; or the results of using the Service will meet all your expectations. We will take every reasonable effort to ensure that the Service will be free of viruses or other harmful materials and to correct defects once identified.

Suspension or Termination by Color Your Life

Color Your Life reserves the right to change, suspend or discontinue any of its Services, in whole or in part, at any time for any reason, without prior notice (unless required by law).

We may refuse service to anyone and may terminate or suspend your Account (and any related Accounts) and your access to the Service in whole or in part at any time, for any reason, without notice unless required by law). For example, Color Your Life will promptly terminate, without notice, the Accounts of Users who are determined by Color Your Life to be “repeat offenders.” A repeat offender is a User who has been notified of a violation of our Terms, engages in infringing activity, or has had content removed from the Service at least twice.

If we terminate or suspend your Account or access to our Service:

You don’t have a contractual or legal right to continue to use our Service, for example, to sell, offer or buy on our Websites or Apps.
We will not be liable to you for the effect that any changes to the Service may have on you, including your income or your ability to generate revenue through the Service.
You remain responsible for fees, chargebacks/funds reversals, returns or refunds requested and remain obligated to resolve any disputes with other Users that are a result of purchases or sales of goods occurring prior to termination/suspension.
Funds may be held for up to 180 days to seek reimbursement from a Seller in any of the following circumstances: When (a) we provide a refund to a Buyer because a Seller did not deliver the goods or we otherwise determine that a refund is warranted in a particular circumstance; (b) we discover erroneous or duplicate transactions related to a Seller; (c) we receive a chargeback or payment reversal from a Buyer’s Payment Instrument issuer for the amount of a Buyer’s purchase from a Seller; or (d) a Seller does not act in accordance with Color Your Life’s Terms of Use.

Buying and Selling Generally

Prohibited Transactions. When buying a product using the Service, in addition to the limitations in our Prohibited Items and Prohibited Conduct Policies, Buyers also must not place orders without the intent to purchase, purchase goods for a commercial purpose (e.g., resale), or place any order that is determined by Color Your Life to be fraudulent or illegal. You agree that the Service may only be used for bona fide purchases of goods, and may not be used to transfer money between a Buyer and Seller that is unrelated to a purchase of goods.

A Seller shall not purchase a product Seller themselves has listed. A Seller who wishes to withdraw a listing must do so per the procedures specified by Color Your Life in the Help Center Section.

Cancellation of a Transaction; Refunds

Cancellation of a transaction is not permitted once the product has been ordered by a Buyer, except as required by applicable law or regulation. However, Color Your Life may allow cancellation of an order if the Buyer does not make a payment or does not pay on time; the Buyer receives an item that is not as described in the listing, is sent the wrong item, or is sent a damaged item; if the Seller does not ship within (four) 4 days; or for other reasons Color Your Life deems appropriate.

If a Buyer receives an item that’s damaged, not as described in the listing, or is sent the wrong item, the Buyer must report the problem to us within (three) 3 days from delivery, or within such longer time as required under applicable law or regulation, through “Contact Us” in the Help Center Section. In such a case, Items may be returned to the Seller, as Color Your Life permits, for a refund.

We do not provide refunds or returns for Prohibited Items.

Handling of Points (Color’s Point)

A user may earn points by participating in various campaigns offered through the Service or as otherwise explicitly provided by Color Your Life. The amount of points that may be earned and other conditions for earning points shall be subject to the applicable point campaign rules provided by Color Your Life. To the extent permitted by applicable law or regulation, Color Your Life may change the rules at any time, and may terminate the entire points system without any refund or other compensation for existing points. “Points” means credits that can be used solely to purchase eligible products through the Service in accordance with these Terms.

You may redeem their points to purchase eligible products through Online Shop sites listed in WEBSITE at the rate of 1 point = 1 USD, unless Color Your Life has displayed separate terms of use on the Service, and in which case, such terms shall apply.
The point can redeem when total accumulated point reaches certain amount, 50 Point to basic, economy, business member, and 100 point to free and challenger member, you may download the redemption request sheet from the Website and send it to support center.
You cannot exchange Points for cash, property, or any other economic benefits other than for the purchase of eligible products through the Online shop sites listed in the Website that are specified by Color Your Life. A user will not be able to transfer points to any other User or person. You are responsible for any unauthorized use of Points.
Points expire when You stop using our service or refuse to pay the monthly fee following the date on which the points were earned. If Color Your Life has informed You of a separate period at or prior to the issuance applicable to particular Points, such period shall apply to those Points. Once expired, Points will not be reinstated.

Handling of Coupons

You may earn Coupons by participating in various campaigns offered through the Service or as otherwise explicitly provided by Color Your Life. The value that may be earned by using Coupons and/or other conditions of Coupons shall be subject to the applicable campaign rules provided by Color Your Life. To the extent permitted by law or regulation, Color Your Life may change the rules and may terminate the entire Coupons system without any refund or other compensation for existing Coupons and/or Points earned by using Coupons. “Coupons” mean coupons that can be used to earn Points, and/or to get discounts and/or for other purposes specified in the applicable campaign rules provided by Color Your Life, through the Service in accordance with these Terms.

You cannot exchange Coupons for cash, property, or any other economic benefits other than for Points and/or any other benefits through the Service.
You cannot transfer Coupons to any other user or person.
Color Your Life will not refund Coupons for any reason whatsoever unless required to do so under applicable laws and regulations. In such a case, the method for refunding the Coupons shall be determined by Color Your Life in accordance with applicable laws and regulations. A user is responsible for any unauthorized use of his or her Coupons.
If Color Your Life determines that your use of Coupons violates our Terms or is otherwise inappropriate, Color Your Life may invalidate all the Coupons and/or Points earned by using Coupons owned by such user.
Coupons expire in accordance with the applicable campaign rules provided by Color Your Life. Once expired, Coupons will not be reinstated.

Disputes Between Users

Sellers agree to resolve any disputes directly with the Buyer according to our Terms. In the event that a dispute is escalated to Color Your Life, if there is a dispute between Users, or between a User and a third party with regard to the Service, the matter shall be resolved by such users at their own cost. Color Your Life may participate in the dispute at its discretion. If you have a dispute with one or more users, you release Color Your Life and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Indemnification; Limitation of Liability

We hope this never happens, but if Color Your Life gets sued because of an action you took using our Service, you agree to indemnify us and assist in defending Color Your Life to the best of your ability. That means you must assist Color Your Life in defending any matter in which you were involved. This includes providing information regarding your experience (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that may arise from your actions, your use (or misuse) of our Service, your breach of the Terms, or your Account’s infringement of someone else’s rights.

Indemnity. You agree that you will be responsible for your use of the Service, and you agree to defend and indemnify Color Your Life from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (i) your access to, use of, or alleged use of, the Service; (ii) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (iii) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (iv) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense 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 defense of that claim.

Disclaimer of Warranties. THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. COLOR YOUR LIFE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (I) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (II) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALING WITH ANY OTHER SERVICE USER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT.

SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

COLOR YOUR LIFE IS NOT RESPONSIBLE FOR THE ACCURACY OF ANY PAYMENT INSTRUMENT INFORMATION, INCLUDING, BUT NOT LIMITED TO, WHETHER SUCH INFORMATION IS UP-TO-DATE. COLOR YOUR LIFE HAS NO RESPONSIBILITY TO DETERMINE IF YOUR OR ANOTHER USER’S PAYMENT INSTRUMENT IS IN GOOD STANDING OR IF YOU OR ANOTHER USER HAVE AN AVAILABLE BALANCE WITH WHICH TO MAKE A TRANSACTION THROUGH THE SERVICE. YOU MAY INCUR FEES, SUCH AS OVERDRAFT FEES OR OTHER CHARGES AS A RESULT OF SUCH TRANSACTIONS, PER YOUR AGREEMENT WITH YOUR PAYMENT INSTRUMENT ISSUER, OR YOUR REQUESTED TRANSACTION THROUGH THE SERVICE MAY BE UNSUCCESSFUL.

Limitation of Liability. IN NO EVENT WILL COLOR YOUR LIFE BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COLOR YOUR LIFE HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

EXCEPT AS EXPRESSLY PROVIDED IN THE FOLLOWING PARAGRAPH, YOU AGREE THAT THE AGGREGATE LIABILITY OF COLOR YOUR LIFE TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO ONE HUNDRED ($100) U.S. DOLLARS.

FOR ALL CLAIMS ARISING OUT OF OR RELATING TO PAYMENT, IN NO EVENT SHALL COLOR YOUR LIFE BE LIABLE FOR DAMAGES FOR DELAY, NON DELIVERY, NONPAYMENT OR UNDERPAYMENT OF A PAYMENT TRANSACTION, WHETHER CAUSED BY AN ACT OR OMISSION OF COLOR YOUR LIFE OR OTHERWISE, OR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW OR REGULATION.

COLOR YOUR LIFE SHALL HAVE NO LIABILITY FOR SUSPENDING OR TERMINATING YOUR ACCOUNT, RESTRICTING ACCESS TO YOUR ACCOUNT, OR SUSPENDING OR TERMINATING YOUR ACCESS TO THE SERVICE.

COLOR YOUR LIFE SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT PURCHASES OR SALES, THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF PAYMENT TRANSACTIONS, BANK DIRECT DEPOSIT TRANSFERS, OR THE SERVICE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Force Majeure. Color Your Life shall have no liability for failure or delay resulting from any condition beyond its reasonable control, including but not limited to governmental action or acts of terrorism; acts of nature including earthquakes, fire, flood or other acts of God; labor conditions; power failures and/or internet disturbances.

Miscellaneous

These Terms do not create any agency, partnership, joint venture, employment, or franchisee relationship between you and Color Your Life.
The Terms, including the Policies and other documents incorporated by reference herein, supersede any other agreement between you and Color Your Life regarding the Service.
If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect.
Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms.
The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign any of our rights and obligations under the Terms without prior notice.

Notice

If Color Your Life determines that there is a need to notify or contact a user, it will do so by sending a text message, email, or letter to the mailing address provided by You. Alternatively, the notice may be displayed on the App or the website, or by other reasonable means. Color Your Life shall not be liable for any damages incurred due to the fact that Color Your Life’s notice or communication was not received or was delayed.

You may contact Color Your Life by emailing us through the Help Center. You may print or PDF our policies, you may also have these Terms sent to you electronically by emailing us a request for these Terms.

Taxes

You hereby agree to comply with any and all applicable tax laws and regulations in connection with your use of the Service, including reporting and payment of any taxes arising from a payment transaction or income received through sales made through the Service.

Governing Law and Jurisdiction

These Terms shall be governed and construed under the laws of Hong Kong. Any dispute that arises between you and Color Your Life that may not be subject to arbitration and shall be submitted to the exclusive jurisdiction of the Hong Kong.

Legal Disputes and Use of Arbitration

You and Color Your Life each agree that any and all disputes or claims that have arisen or may arise between the User and Color Your Life relating in any way to or arising out of this or previous versions of these Terms, your use of or access to the Service, any goods sold, offered, or purchased through the Service, or any payments processed for goods sold, offered services or purchased through the Service, SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, rather than in court, except that you may assert a claim in small claims court, if it meets the criteria. Arbitration is more informal than a lawsuit filed in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to limited review by courts. You and Color Your Life agree that the Arbitration Act governs the interpretation and enforcement of this Article.

Prohibition of Class and Representative Actions and Non-Individualized Relief

THE USER AND COLOR YOUR LIFE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND COLOR YOUR LIFE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.

Notice Regarding Apple®

To the extent that you are using our App in an iOS device, you further acknowledge and agree to this section. You acknowledge that these Terms are between you and Color Your Life only, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Service. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms.

In this Privacy Policy, Color Your Life Ltd. (“Company”) informs you about the Company’s approach and practices with respect to the information that is collected from you relating to your use of Color Your Life’s mobile and website consumer-to-consumer marketplace services (“Services”).

This Privacy Policy also provides for the rights of the Company over the information that is collected from you. By using the Services, you consent to the collection, storage, processing, transferring, disclosure, and other usage of the information described in this Privacy Policy and Terms of Service Agreement.

If you do not agree with the terms of this Privacy Policy, you should not use the Services nor provide any information.

Changes

The Company reserves its right to modify or update this Privacy Policy at any time and from time to time, without prior notice. Your continued use of the Services after the changes or revisions to this Privacy Policy have been made shall indicate your consent thereto.

Ages

If you are below 18 years of age, you are not allowed to use the Services. The Company does not knowingly collect information from children of such ages. If you become aware that a child has provided the Company with his or her personal information, you may contact the Company at [email protected] . If the Company becomes aware that a child under 18 years of age has provided the Company with his or her personal information, the Company will endeavor to take reasonable steps to delete such information.

Account data

When you sign up for the Services, the Company will request and collect some personal information from you at various instances, including, but not limited to, the moments when you create your Color Your Life Account (“Account”), communicate with the Company, create a shortlist, contact the customer care team, or post other customer-generated content in the Website. These are currently the primary ways in which the Company gathers information. However, the Company may also collect data through other channels in the future.

The types of personal information that the Company may collect from you can vary according to the method through which it was attained. It may include, but is not limited to, the following:

Full name
Email address
Phone number
Billing information and payment details (such as billing address, credit card details, and other sensitive financial information, specifically for the purpose of completing your transaction)
Username and password
Location and geographic information
Social network information
Government-issued identification card
Tax Identification Number
Other details that you may submit to us or may be included in the information provided to us by third parties

Electronic delivery of communications

You agree and consent to receive all communications that the Company provides in connection with your Account and your use of the Services electronically. The communications include, but are not limited to, the following:

Agreements and policies (e.g., the Color Your Life Terms of Service and the Color Your Life Privacy Policy), including updates thereto;
Transaction receipts or confirmations;
Company’s new services;
Account statements and history;
Statements that the Company is required to make available to you; and
Any other transaction information.

The Company will provide these communications to you by posting them on the Company’s Website and/or by e-mailing them directly to you at the primary e-mail address indicated in your Account.

Updating your contact information

It is your responsibility to keep your primary e-mail address updated so that the Company can effectively communicate with you. You understand and agree that if the Company sends you an e-mail, it shall be deemed that you have received the same, notwithstanding the fact that you may not have received it because your primary e-mail address on file is incorrect, not updated, or blocked by your service provider.

Please note that you must add the Company to your e-mail address book so that you will be able to receive the communications it sends to you, especially if you use a spam filter that blocks or re-routes e-mails from senders not listed in your e-mail address book.

If your e-mail address becomes invalid such that electronic communications sent to you by the Company bounce, the Company, at its sole discretion, may deactivate your Account, and you will not be able to transact any activity using the same until the Company receives a valid and working primary e-mail address from you.

Hardware and software requirements

In order to access and retain electronic communications, you will need the following computer hardware and software:

a computer or mobile device with an Internet connection;
a current web browser that includes 128-bit encryption (e.g. Internet Explorer version 6.0 and above, Firefox version 2.0 and above, Chrome version 3.0 and above, or Safari 3.0 and above) with cookies enabled;
Adobe Acrobat Reader version 8.0 and above to open documents in .pdf format;
a valid e-mail address; and
sufficient storage space in your e-mail to save communications or an installed printer to print them.

The Company shall notify you if there are any material changes to the hardware or software needed to receive electronic communications.

Usage of Data

Aside from those that have already been provided in this Privacy Policy, all of the personal information that the Company collects will be used for the purpose of:

Processing, verifying, validating, and completing your transaction;
Preventing fraud;
Creating, managing, and maintaining your Account;
Sending e-mail; and
Other purposes necessary to company with the law

Cookie Statement

The Company’s browser-based app version and website places cookies as necessary to provide functionality to you. “Cookies” are text files that are transferred to your computer’s hard drive as you navigate the Company’s Website and other Services. In view thereof, the Company may collect non-personally identifiable information from your browser to its server logs. Such information includes, but is not limited to, Internet Protocol address, pages viewed, site navigation patterns, details about the devices and software used to access the Company’s Website and Services, and geo-location tracking information, and language settings.

The Company associates usage data with your device and your Account. The Company processes usage information to deliver, improve, and optimize its Services, to protect you, the Company, and other users from actual or potential fraud and misuse, and to determine what information, features, promotional information, and other services you need or may be interested in.

The cookies that the Company uses in its browser-based app and website do not hold any personal information about you. Where personally identifiable information is required to be gathered, the need for this information will be clearly communicated before you choose to provide the information.

Many Internet browsers allow you to adjust your cookie preferences or delete existing cookies. If you set your browser to reject cookies, you should be aware that certain browser-based apps or website features, promotions, or services may not be available to you or may not function correctly.

Moreover, certain Internet browsers may enable you to set “do not track” preferences, to limit the collection of personally identifiable information about your online activities over time and across third-party websites or online services. However, please note that the Company’s systems do not respond to Internet browser “do not track” signals or similar mechanisms.

Data retention and access

The Company may retain deactivated Account and information, even after the termination of your agreement with the Company, as long as permitted by law. If you choose to close your Account, the Company will deactivate your Account within ten (10) business days.

Disclosures and Information Sharing

The Company reserves its right to disclose personal information, if required to do so by law or in the good faith belief that such action is necessary to abide by your direction, provide service to you, assert and protect the legal rights of the Company, protect you, other users, the Company, or third parties from actual or potential harm, including fraud, data security, or confidentiality breaches, other liability, or when someone’s physical safety seems at risk.

The Company shall also disclose your personal information to the government, law enforcement agencies, or other third parties under certain circumstances where a formal request has been made (such as in compliance with a court order, subpoena, or judicial proceeding) as the Company, in its sole and absolute discretion, deems necessary and appropriate.

In some instances, the Company contracts trusted third parties who assist in operating and maintaining the Website and Services, conducting the Company’s business, and providing service to you. The Company intends to provide any such third parties only with information that they need to perform their specific function; and requires them to keep the information confidential and protect them in accordance with this Privacy Policy. The Company may also disclose your information in order to describe its services to current and prospective partners, and to other third parties for other lawful purposes.

In the event of a sale, merger, or transfer of some or all of the Company’s assets, or dissolution or bankruptcy, your personal information may be transferred to an unaffiliated third party as part of or apart from other transferred assets or assets. Any transfer will then be governed by and be the responsibility of any purchaser of or successor to the transferred assets or assets. We shall notify you by a notice on the home page of any change in the information practices governing your personal information as a result of any transfer of assets or any asset change in ownership, and your choices in how your information is used.

Please note that when you publicly post contents, such as sales listings, those contents are visible and available to third parties not regulated by the Company.

Furthermore, any personal information or image content that you voluntarily disclose online in a manner that other users can view becomes publicly available, and can be read, collected, and used by other members of this forum to send you unsolicited messages. The Company is not responsible for the personal information users select to disclose in these forums.

Security

The Company shall take reasonable steps to protect your Account information and messages and to protect the same against data loss, misuse, and unauthorized access. However, please keep in mind that no Internet transmission is ever completely secure or error-free. In particular, messages sent through the Services are not encrypted.

It is your responsibility to control access to your device, including keeping your log-in information confidential and not sharing it with anyone. It is also your responsibility to notify the Company if you believe that the security of the information in the Color Your Life application or Account has been compromised.

Your choices

If the Company sends marketing messages, you can opt-out by changing the settings in your Account or by contacting us. Note that if you opt-out, we may still send you non-marketing messages, such as messages about your account or products and services that you have requested.

Questions, Requests, Rights

You can access, update, or change your personal information and communication preferences by logging in the Color Your Life app, going to “My Page”, and selecting the “Settings” tab, and modify your preferences at your discretion.

You can choose not to provide the Company with any or all of the information it specifies or request, but then you may not be able to create an Account with the Company or take advantage of some or all of the features.

Prohibited Conduct Policy

By using the Color Your Life Ltd. “Company”) mobile and website consumer-to-consumer marketplace services (“Services”), you agree to follow the rules as stated in this Policy and the Company’s Privacy Policy and Terms of Service. The Company may contact you or utilize a third party verification service provider to verify your information, if it suspects that prohibited conduct has occurred in your Color Your Life Account (“Account”). The Company may refuse access to or suspend your Account from all or part of the Services until the completion of such verification. In case of termination of your Account for violating this Policy, the Company may prohibit you from using and accessing any future Services provided by the Company. Should the Company find that you have indeed violated this Policy, the Company may hold you liable for damages, to cover chargeback/funds reversal risk or refunds arising from your conduct. You agree not to engage in the following Prohibited Conduct:

Terms and Conditions: Color Products

By using the Color Your Life’s (“Company”) mobile and website consumer-to-consumer marketplace services (“Services”), you agree to follow the rules as stated in this Policy and the Company’s Privacy Policy and Terms of Service. The Company may contact you or utilize a third-party verification service provider to verify your information, if it suspects that prohibited conduct has occurred in your Color Your Life Account (“Account”). The Company may refuse access to or suspend your Account from all or part of the Services until the completion of such verification. In case of termination of your Account for violating this Policy, the Company may prohibit you from using and accessing any future Services provided by the Company. Should the Company find that you have indeed violated this Policy, the Company may hold you liable for damages, to cover chargeback/funds reversal risk or refunds arising from your conduct.

You agree not to engage in the following Prohibited Conduct:

Prohibited Items

The Company prohibits the listing or sale of any item and services that are set forth in this Policy. Once you list a prohibited item, it will be deemed to be a violation of this Policy and the Terms of Service, regardless of whether you acted intentionally or not. If the Company determines that a listing is in violation or is otherwise inappropriate, the Company may, at its sole and exclusive discretion, remove the listing and cancel any related transactions, including termination or suspension of Account.

You may not use the Services in connection with any product, service, transaction or activity that in general:

Violates any law and government regulations, or promotes or facilitates such action;
Is fraudulent, unfair, deceptive, abusive, or predatory;
Causes or threatens to damage the Company’s reputation;
Violates the terms of any payment or electronic funds transfer network; or
Results in or creates an unreasonable risk of penalties, damages, or other harm or liability.

Moreover, the Company may not be used to sell, render services in, or purchase any of the following:

Anything illegal (e.g. drugs);
Products, tools, ingredients, or services specifically offered or intended to be used to create drugs (e.g. seeds for cannabis plants);
Prescription medicines, pharmaceuticals, and behind the counter drugs;
Stolen goods;

(Note: If a purchased item is reported as stolen, a return may be demanded from the buyer and the item may be confiscated in accordance with the applicable law.)

Counterfeit goods or goods infringing a third party’s intellectual property rights. (Note: For brand-name products, its serial numbers or receipts must be available when listing the item.)
Weapons (e.g. firearms, switchblades, butterfly knives, or knives with blades over 3, explosives, and knives that are concealed or hidden within other objects or are made of materials that cannot be detected with a metal detector are prohibited regardless of length).

(Note: Listings of knives with blades of 3″ or under must include an image of the blade against a ruler for verification of length.)

Any parts of a Firearm
Alcohol
Tobacco products (e.g. cigarettes)
E-cigarettes, e-hookahs, or other vaporizing instruments that contain nicotine
Vaporizing liquid with nicotine
Items used for identity theft (e.g. account credentials, user login information, and/or account access codes)
Items not in your physical possession, including, but not limited to, dropshipping items that are for order, coupons to purchase products
Items that are a safety hazard

(Note: Flammable or combustible liquids and any other items that require special mailing or handling instructions must be sent using the “ship on your own” option.)

Products designed to circumvent copyright protection or otherwise facilitate the unlicensed use of copyright materials (e.g. “mod chips” to break the encryption on game computers to allow the use of unlicensed game copies).
Age-restricted products or products that require a legal approval or licenses to be purchased or sold
Gambling, including using the Services for raffles and “mystery purchases”
Financial products and services (e.g. bonds, securities, or insurance; banknotes or coins of any currency or denomination, or gold bullion, gift cards or prepaid cards)
Live Animals
Any item that contains a computer virus, malware, or spyware
Digital items or any items where the order is fulfilled electronically or requires a download (e.g. e-books, PDF files, or items for online games)
Humans, human body parts, organs, cells, blood, body fluids, or items that are soiled with human materials (e.g. previously-worn underwear)
Sexually explicit items (e.g. sex toys and fetish items)
Offensive or explicit items as determined by the Company

The list of Prohibited Items may be updated from time to time at without prior notice. Any item that presents unreasonable harm or risk may be removed at the sole discretion of the Company.

Terms and Conditions: Service

Color Your Life Platform (“Platform”), you agree, without restriction, to be bound by the provisions contained in this Terms and Conditions. Please read these terms and all Policies including the Privacy Policy carefully before using the Color Your Life Platform. These Policies are incorporated into this Agreement by reference. If you do not agree with the Terms and Conditions, you should not access, use, or download materials from the Platform.

This Terms and Conditions provide a guideline to help you understand Color Your Life’s and your obligations and responsibilities.

USER’S AGREEMENT: www.wemakeyourlifemorecolorful.com

Color Your Life operates as an online platform allowing Users to connect through the Platform with other Users who provide Services.

All defined terms in this Agreement have the meaning given to them in the “Color Your Life” Glossary.

1. SCOPE OF Color Your Life SERVICE

1.1. Color Your Life provides the Platform to publish Services.

1.2. Workers may make an Offer in response to a Posted Task. Parts of Offer details may be made publicly available, including those unregistered internet users in the Platform.

1.3. A Job Poster may revoke or modify a Posted Task at any time before he/she accepts an Offer. Color Your Life reserves the right to cancel all Offers on a Posted Task.

1.4. If a Job Poster accepts an Offer in the Platform, a Task Contract is created between the Worker and Job Poster. Color Your Life provides a Task Contract to enable Users to understand their contractual rights and obligations when performing or receiving Services.

1.5. Worker must perform the Services required under the Task Contract.

1.6. After the Task Contract is completed, the parties are encouraged to review and provide feedback on the Services.

2. Color Your Life’S ROLE AND OBLIGATIONS

2.1. Color Your Life only provides the Platform, to enable Job Poster to publish Posted Tasks the Worker to make Offers on Posted Tasks.

2.2. Color Your Life only permits individuals over 18 years of age to become Users.

2.3. Users must be natural persons, but the latter can specify in their Account a description that they represent a business entity.

2.4. Color Your Life, at its absolute and sole discretion, may not allow any person to register or create an Account or cancel or suspend any existing Account.

2.5. There is no charge when a Job Poster publish a Posted Tasks or when other Color Your Life Users review the content of the Platform, including Posted Tasks.

2.6. Color Your Life is not a party to and shall not be bound by the terms of the agreement between the Job Poster and the Worker, including but not limited to the description, performance, or delivery of Services.

2.7. Color Your Life has no responsibility and makes no warranty as to the truth or accuracy of any information provided by Users, including, but not limited to, the ability of Workers to perform the asks or supply items, or the truth or accuracy of any information provided by Job Posters, including but not limited to, Job Posters’ ability to pay for the Services requested.

2.8. The Service is provided on an “as is” basis. To the extent permitted by law, Color Your Life and its suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

2.9. Color Your Life has no obligation to any User to assist or involve itself in any dispute between Users although may do so to improve User experience.

3. USER’S OBLIGATIONS

3.1. The User will at all times:

o comply with this Agreement (including all Policies) and all applicable laws and regulations;

o post accurate information in the Platform;

o promptly and efficiently perform the obligations to other Users under a Task Contract; and

o ensure that he/she is aware of the applicable laws affecting the Job Poster, the Worker, or use of the Platform.

3.2. The User agrees that any content (whether provided by Color Your Life, another User, or a third party) in the Platform may not be used in other websites or for other business purposes without Color Your Life’s prior permission.

3.3. The User must not use the Platform for any illegal or immoral purpose.

3.4. The User must maintain control of his/her account and must not deal thereto in any other way, including by allowing others to use his/her account, or by transferring or selling his/her account or any of its content to another person.

3.5. The User grants Color Your Life an unrestricted, worldwide, royalty-free license to use, reproduce, modify, and adapt any content and information that he/she posted in the Platform for the purpose of publishing material in the Platform and as otherwise may be required to provide the Services for the general promotion of the Services, and as permitted by this Agreement.

3.6. The User agrees that any information posted in the Platform must not, in any way whatsoever, be potentially or actually harmful to Color Your Life or any other person. Harm includes, but is not limited to, economic loss that will or may be suffered by Color Your Life.

3.7. Without limiting any provision of this Agreement, any information that the User supplies to Color Your Life or publish in a Posted Task must be updated and must not:

(a) be false, inaccurate, misleading, or deceptive;

(b) be fraudulent or involve the sale of counterfeit or stolen items;

(c) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;

(d) violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, anti-discrimination and trade practices/fair trading laws);

(e) be defamatory, libelous, threatening, or harassing;

(f) be obscene or contain any material that, in Color Your Life’s sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images; or

(g) contain any malicious code, data, or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of the Platform, including, but not limited to viruses, Trojan horses, worms, time bombs, cancel bots, Easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information.

3.8. Color Your Life may from time to time engage location-based or map-based functionality. The Platform may display the location of Job Posters and Workers to persons browsing the Platform. Each Job Poster will be asked to provide the street and suburb where the Services are to be delivered. A Job Poster should never disclose personal details such as the Job Poster’s full name, street number, phone number, or email address in a Posted Task or in any other public communication in the Platform.

3.9. If the User is a Worker, he/she must have the right to provide Services under the Task Contract and to work in Asia. The Workers must comply with tax and regulatory obligations in relation to any payment (including a Worker Payment) received under a Task Contract.

3.10. The Workers must provide Services to Job Posters in accordance with the Task Contract, unless the Services are prohibited by law, this Agreement, an agreement between the User and a Third-Party Provider or by any of the Color Your Life’s Policies.

3.11. The User must not, when providing Services, charge a fees on top of the Task Payment.

3.12. If the Worker agrees to pay some costs for completing the Services (such as equipment to complete the Services), the Worker is solely responsible for obtaining any reimbursement from the Job Poster. Color Your Life discourages Workers to incur costs in advance of the Task Payment unless the Worker is confident that the Job Poster will reimburse the costs promptly.

3.13. Color Your Life shall determine, at its sole discretion, if the User have breached any obligation under this clause 3. Moreover, it reserves the rights to remove any content, Posted Task or Offer that the User have submitted to the Platform or cancel or suspend the User’s account and/or any Task Contracts.

4. FEES

4.1. Fees do not include any fees that may be due to Third Party Service providers. All Third-Party Service providers are paid pursuant to a User’s separate agreement with the Third Party Service provider.

4.2. Color Your Life in its sole discretion may from time to time change the Fees and the terms of payment. Any change relating to the Fees is effective fourteen (14) days after Color Your Life notifies the User of the change by sending a message to the User in his/her Account, or notifying the User prior to his/her log-in in the Platform.

4.3. If Color Your Life introduces a new service in the Platform, the Fees applying to that service will be payable at the time the said service is launched.

5. REFUNDS

5.1. The Task Contract shall be considered perfected if the Job Poster and Worker mutually agree to cancel the Task Contract or if the they failed to enter into a Task Contract, despite reasonable attempts to do so. In view thereof, Color Your Life may return the Task Payment to the Job Poster, if the condition stated in this Section is satisfied.

6. BUSINESS PARTNERS

6.1. Color Your Life may enter into agreements with Color’s Users and may seek to engage the Workers in providing Services. The Workers who agree to perform Services for Business Partners acknowledge and agree that Color Your Life and the Business Partner may on-sell Services provided to third parties for an increased fee.

6.2. Color Your Life may assist Business Partners in selecting suitably qualified Workers.

6.3. Business Partners may require the Workers to enter into a Business Partner Contract before providing Business Services.

6.4. Where Color Your Life Worker accepts a Posted Task with a Business Partner:

(a) the Worker must provide Business Services to the Business Partner in accordance with the Task Contract and any applicable Business Partner Contract; and

(b) the terms of the Business Partner Contract will prevail if there is any inconsistency.

7. THIRD PARTY SERVICES

7.1. Color Your Life may from time to time include Third Party Services in the Platform.

7.2. Third Party Services offered to Users shall be subject to the Third Party’s terms and conditions.

7.3. If a User engages a Third Party Service provider, the agreement will be directly between the User and that Third-Party Service provider.

7.4. Color Your Life makes no representation or warranty as to the Third-Party Services. However, to help Color Your Life continue improving its Platform, Users may inform Color Your Life of their Third-Party Service experience.

8. VERIFICATION & BADGES

8.1. The User agrees that Color Your Life Identity Verification Services may not be fully accurate as all Services are dependent on User-supplied information and/or information or verification services provided by third parties.

8.2. You are solely responsible for identity verification and Color Your Life accepts no responsibility for any use that is made of Color Your Life Identity Verification Service.

8.3. Color Your Life Identity Verification Services may be modified at any time without prior notice.

8.4. The Platform may also include a User-initiated feedback system to help evaluate Users.

9. FEEDBACK

9.1. The User can complain about any comment made in the Platform using the ‘Report’ function of the Platform or contact Color Your Life via the Platform.

9.2. Color Your Life is entitled to suspend or terminate the User’s Account at any time, in its sole and absolute discretion, if it is concerned by any negative feedback about the User, or considers the User’s feedback rating to be problematic for other Users.

10. LIMITATION OF LIABILITY

10.1. Color Your Life specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between Job Posters and Color Your Life Workers.

10.2. Color Your Life specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between the User and any Third Party Service Provider who may be included from time to time in the Platform.

11. PRIVACY

11.1. Color Your Life’s Privacy Policy, which is available at www.wemakeyourlifemorecolorful.com/privacy, applies to all the Users and forms part of this Agreement. Use of the Platform confirms that the User consent to, and authorize, the collection, use and disclosure of the User’s personal information in accordance with Color Your Life’s Privacy Policy.

11.2. Third Party Service providers will provide their service pursuant to their own Privacy Policy. Prior to acceptance of any service from a third party, the User must review and agree to their terms of service including their privacy policy.

12. MODIFICATIONS TO THE AGREEMENT

12.1. Color Your Life reserves the right to update or modify this Terms and Conditions at any time. All such revisions will be incorporated into this Terms and Conditions. Color Your Life will send notification to the User’s Account or advise the User prior to its log-in in the Platform of the any modification. The use of the Platform following any change constitutes your agreement to follow and be bound by the Terms and Conditions as revised. For this reason, the Company encourages you to review the Terms and Conditions each time you access the Platform.

12.2. When the User actively agrees to the terms (for example, by clicking a button saying “I accept”) or use the Color Your Life Platform in any manner, including engaging in any acts in connection with a Task Contract, the modified terms will be effective immediately. In all other cases, the amended terms will automatically be effective thirty (30) days after your notification.

12.3. If the User does not agree with any changes to this Agreement (or any of the Company’s Policies), the User must notify Color Your Life immediately. After the said notification, Color Your Life, will terminate the User’s account.

13. NO AGENCY

13.1 No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement. In particular, the User have no authority to bind Color Your Life, its related entities, or affiliates in any way whatsoever. Color Your Life confirms that all Third-Party Services that may be promoted in Platform are provided solely by such Third-Party Service providers. To the extent permitted by law, Color Your Life specifically disclaims all liability for any loss or damage incurred by the User in any manner due to the performance or non-performance of such Third-Party Service.

NOTICES

14.1 Except as otherwise stated herein, all notices may be given by registered mail or by email, either to the contact address as displayed in the Platform or to Color Your Life Users’ contact address as provided at registration. Any notice shall be deemed given within 24 hours after an email is sent, unless the Job Poster is notified that the email address is invalid or the email is undeliverable.

14.2 Notices related to performance of any Third-Party Service must be delivered to such Third Party as set out in Third Party Service Provider terms and conditions.

15. MEDIATION AND DISPUTE RESOLUTION

15.1 Color Your Life encourages the User to try and resolve disputes (including claims for returns or refunds) with other Users directly. Accordingly, the User acknowledges and agrees that Color Your Life may, in its absolute and sole discretion, provide the User information as it decides is suitable to other parties involved in the dispute.

15.2 Color Your Life may provide access to a Third-Party Dispute Service. If such a service is provided, either party may require the other party to submit the Third-Party Dispute Service if the parties have failed to resolve the dispute directly. Color Your Life confirms that Third Party Dispute Service is a Third-Party Service and subject to further terms set out for Third Party Services. The Users are responsible for paying any costs associated with the Third-Party Dispute Service in accordance with the Third-Party Dispute Service terms and conditions.

15.3 Disputes with any Third-Party Service provider must proceed pursuant to any dispute resolution process set out in the terms of service of the Third-Party Service Provider.

15.4 If you have a complaint about the Color Your Life Service please contact the Company at [email protected].

15.5 If Color Your Life provides information for the purposes of resolving disputes under this clause, the User acknowledges and agrees that such information will be used only for the purpose of resolving the dispute (and no other purpose) and that you will indemnify Color Your Life against any claims relating to any other use of information not permitted by this Agreement.

16. TERMINATION

16.1 Either the User or Color Your Life may terminate the Account and this Agreement at any time for any reason.

16.2 Termination of this Agreement does not affect any Task Contract that has been perfected between Color Your Life Worker and the User. If the User have entered a Task Contract the latter must comply with the terms of that Task Contract including providing the Services.

16.3 Third Party Services are subject to Third Party Service provider terms and conditions.

16.4 Sections 4 (Fees), 10 (Limitation of Liability) and 15 (Mediation and Dispute Resolution) and any other terms which by their nature should continue to apply, will survive even after the termination or expiration of this Agreement.

16.5 If the User’s Account or this Agreement are terminated for any reason, the User may not without Color Your Life’s consent (in its absolute discretion) create any further accounts with Color Your Life and the Company may terminate any other accounts you operate.

17. GENERAL

17.1. The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.

17.2. This Agreement may be assigned or amended by Color Your Life to a third party without your consent. In the event of an assignment or novation User will remain bound by this Agreement.

17.3. This Agreement sets out the entire understanding and agreement between User and Color Your Life with respect to its subject matter.

Terms and Conditions: Saleshub

Welcome! Thank you for using Color Your Life Saleshub.

This Agreement contains the complete terms and conditions that apply when you visit our site or use choose to browse the contents herein. By using this Website, you agree to be bound by its terms of use and shall comply thereof. This Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site and the content provided by or through the Site, and the subject matter of this Agreement.

1. YOUR ACCEPTANCE OF TERMS AND CONDITIONS

1.1. Color Your Life provides the members of this Website with the functionality and platform to enable you to list your services and products (the “Vendor Services”). As such, Color Your Life may send you details of potential service providers or vendors (“Agent Services”).

1.2. Members of this Website may also send listing of potential lead (e.g., service providers or vendors) to Color Your Life (“Leads”).

1.3. If you are employed by or acting on behalf of any business, person, organization, or agency, you are taken to have been duly authorized to bind the Agency to these Terms and Conditions.

1.4. These Terms and Conditions apply whenever you access the Website, regardless of how you access the Website or interact with us, including but not limited to, email, portal, and data feed.

1.5. We may revise these Terms and Conditions from time to time by updating the Website. The revised Terms and Conditions will take effect on notice to you, which may be provided to you by posting on the Website, via e-mail, or any other means. If you continue to use the Website or the Services after this date, you will be deemed to have accepted the updated Terms and Conditions.

2. REGISTRATION

2.1. By continuing to utilize Website, you agree and acknowledge that:

(a) You shall provide us with accurate, complete, and updated registration information including contact details and you warrant that you hold all appropriate licenses as required by law;

(b) You may cancel Your registration at any time by notifying us, in writing. We will then use our best efforts to cancel your registration within ten (10) working days of receipt of your request;

(c) You consent to the recording and monitoring of all communications sent to you for the limited purpose of quality assurance and verification of details provided in relation to Leads.

(d) You expressly authorize and consent to receive calls and electronic messaging from Color Your Life representatives.

2.2. Color Your Life reserves the right, in its absolute discretion, to review and consider all potential registrations in order to maintain quality of the Services and may contact you by telephone or email to verify that your registration information is accurate and correct before engaging you; and

2.3. Color Your Life reserves the right to discontinue or cancel your registration, at its sole discretion and without notice including but not limited to the following reasons:

(a) breach of any applicable law or breach of any of these Terms and Conditions;

(b) where we conclude that your conduct or ongoing registration impacts or may, in our view, impact our name or reputation;

(c) where we conclude that your conduct violates our rights or those of another party, including any vendor or a Color Your Life member; or

(d) for any other reason.

3. RELATIONSHIP

3.1. Color Your Life operates as an independent third-party facilitator in respect of any transaction and communication between members of Color Your Life. Color Your Life shall at all times remain independent from any advice, content, correspondence, information, or representations given by or to agents and members of Color Your Life.

3.2. You assume full responsibility for your decision to act on Leads and engage with members of Color Your Life.

3.3. The services, advice, information, suggestions, and opinions provided by any party via the Website are strictly that party’s own.

3.4. As a result of Clauses 4.1- 4.3, Color Your Life takes no responsibility for the quality, safety, or legality of the services, correspondence, monies, information and/or opinions provided by an agent, vendor, or Color Your Life member, or the accuracy, truthfulness, or reliability of the information supplied by the agent, vendor, or Color Your Life member. The information is provided to you “as is” and on an “as available” basis and on the condition, that you undertake all responsibility for assessing and considering the accuracy of the content, and you agree to rely on it at your own risk.

3.5. Color Your Life is in no way party to and will not be liable for enforcing any agreement made between the vendor and an agent.

4. REPORTING

You must, within two (2) business days of the relevant event, report to Color Your Life the following information in respect of any transaction or vendor communication, arising in connection with a Lead:

(a) confirmation of initial contact with the vendor or service provider;

(b) confirmation of exchange of contracts for a property sale or service;

The materials received by Color Your Life allows for the correct generation of your reward points, in accordance with Clause 5. If you have any questions or concerns regarding this, please contact the Color Your Life Support Team at [email protected].

5. FEES AND INVOICING

5.1. Color Your Life shall bill its members an online account (your “Billing Account”) for use of the Vendor Service. You agree to pay Color Your Life all charges at the prices then in effect for any use of the Vendor Service and you authorize Color Your Life to charge your chosen payment provider (your “Payment Method”) for the Service. You agree to make payment using that selected Payment Method. Color Your Life reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

5.2. On the other hand, members of Color Your Life who provides Leads shall earn _____ points for any sale or other dealing orchestrated, transacted, or derived from your actions.

5.3. A sale or deal in relation to a property and service is considered to have risen from a Lead if the same was provided or referred by you or as a result of your performance, regardless of prior contact between the vendor and you. To avoid doubt, you hereby acknowledge and agree that a vendor’s submission on the Website indicates that the vendor has not yet made a decision on which agent to appoint for the sale of their property or service.

6. AGENT AND AGENCY PROFILE INFORMATION

6.1. Color Your Life may agree to receive property sales and other information about an agent by electronic data feed or by other means. You represent that the data and information that you provide are true and accurate.

6.2. You warrant that:

(a) You are authorized to establish the data feed with us, and to provide any data feed data to us; and

(b) the information, data feed, and any data feed data, does not infringe or violate any intellectual property rights or any legal or moral rights of any third party or any applicable laws.

6.3. You agree that we may, and you license us to, use, disclose, display, rearrange or otherwise deal with any information or data feed data at any time and in any way that may be necessary or desirable for the purposes of our business. You warrant that you have the right to grant this license and that all applicable consents, permissions, and authorizations have been obtained from relevant third parties in relation to the information and data feed.

6.4. You agree that the indemnity in Clause 11 applies in respect of a breach of the warranties and representations in this Clause 6.

7. USE OF THE WEBSITE

7.1. The Website may provide the opportunity for a platform on which agents or vendors or members registered with Color Your Life may interact.

7.2. The Website may contain material or content uploaded, posted, emailed or otherwise electronically transmitted (posted) by users of the Website, including you (User Content).

7.3. Color Your Life reserves the exclusive right to:

(a) access or examine any content; and

(b) at our discretion, move, remove, or disable access to User Content, including User Content which we consider, in our sole opinion, to be unacceptable or otherwise breach any law.

7.4. By using and accessing the Website, you agree that all communications on the Website are public and not private communications and you are solely responsible for any User Content posted by you. Color Your Life assumes no responsibility or liability arising from any such User Content.

7.5. By using and accessing the Website, you agree that You will not do any of the following:

(a) post, communicate or transmit any unlawful, criminal, threatening, abusive, defamatory, libelous, contemptuous, obscene, vulgar, pornographic, profane or indecent User Content;

(b) post, communicate or transmit content which violates or infringes the rights of any other person or party or infringes any law;

(d) inhibit or restrict any other user from using the Website;

(e) post, communicate or transmit or use any material of any kind for commercial purposes, or which contains any promotional material or advertising, or any other forms of unsanctioned solicitation, including without limitation junk mail, spam, chain letters, or unsolicited mass distribution of email;

(f) post any User Content that contains a survey, contest, pyramid scheme, or any improper question;

(g) delete, circumvent or alter any author attribution, legal notices, rights management information, or technological protection measures;

(h) post, download or communicate any file or material posted by another user of the Website, if You know, or reasonably ought to know, that the file or content cannot legally be downloaded or communicated in that matter;

(i) interfere with the computer systems which support the Website; overload a service; engage in a denial-of-service attack, or attempt to disable a host;

(j) post, communicate or transmit any file which contains viruses, worms, “Trojan horses” or any other harmful, contaminating or destructive features;

(k) access or attempt to access information resources you are not authorized to use;

(l) collect or store personal data about other users of the Website;

(m) impersonate or falsely represent Your association with any person or organization; or

(n) attempt to modify, adapt, translate, sell, reverse engineer, decompile, or disassemble any portion of the Website.

7.6. You acknowledge that Color Your Life has no responsibility or liability for the deletion or failure to store any communications or User Content posted on the Website.

7.7. You acknowledge that Color Your Life may, in its sole discretion and without notice, vary, modify, or discontinue, temporarily or permanently, any or all of the Website and you agree we are not liable to you or any third party for such variation, modification, or discontinuance.

7.8. Color Your Life does not warrant that functions contained in the Website, such as hyperlinks, will be uninterrupted or error-free, that defects will be corrected or that the Website or our hosting server are free of viruses or bugs.

7.9. You understand and agree that Color Your Life may on its Website, upload or provide links to your photo or upload testimonials or feedback provided by Color Your Life members about you without your prior approval.

8. USER LICENSE AND CONSENT

8.1. You represent and warrant that all User Content that you post is true, accurate, and not confidential to or is not a trade secret or owned by any other person.

8.2. You represent and warrant that you will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions.

8.3. You warrant that all User Content posted by you is owned by you and our use of such User Content does not infringe or violate intellectual property rights or any other rights of any third party. You license us to use, modify, adapt, publish, display, sub-license, create derivative works from and incorporate in other works any User Content posted by you, at any time in the future in any form and for any purpose and warrant that you have the right to grant this license.

8.4. You shall indemnify Color Your Life against any and all legal fees, damages, and other expenses that may be incurred by it as a result of a breach of the above warranties.

8.5. To the fullest extent of the law, you waive any moral rights in User Content for the purposes of its submission to and publication on the Website.

9. THIRD-PARTY CONTENT & LINKS

9.1. The Website may include links to third-party sites which are not related to Color Your Life and in relation to which Color Your Life has no control or interest. The appearance of those links on this site does not indicate any relationship between Color Your Life and that third-party or any endorsement by Color Your Life of that third-party, its site or the products or services which it is advertising on the Website.

9.2. The information on the Website is provided ‘as is,’ without express or implied warranty. The inclusion of any link does not imply that we endorse the linked site. You use the information and links at Your own risk.

10. INTELLECTUAL PROPERTY ON THE WEBSITE

The Website

10.1. All intellectual property in relation to the Website (including the content on the Website, the functionality of the Website and the software, design, text, data, algorithms, icons, logos, copyrights, designs, trademarks, concepts, sound recordings and graphics comprised in the Website) (Intellectual Property) belongs to Color Your Life or its licensors, advertisers, associated. or related entities or affiliates.

10.2. Color Your Life and its associated or related entities retain all rights, title, and interest in and to the Website and the Intellectual Property, and nothing you do on or in relation to the Website, or any of the related content will transfer any rights, in the Intellectual Property or otherwise, to you, or license to you any such rights unless expressly stated otherwise in these Terms and Conditions.

10.3. You agree not to do anything that interferes with or breaches our Intellectual Property rights.

10.4. You agree not to copy, modify, create a derivative work, reverse engineer, reverse assemble, attempt to discover source code or algorithms, sell, assign, sub-license, grant a security interest in or otherwise transfer any content on, or functionality in, the Website.

10.5. You may download and view content or print a copy of the material on the Website for personal, non-commercial use, provided that you do not modify content in any way (including any copyright notice).

10.6. Except as granted under these Terms and Conditions, permission to reprint or electronically reproduce the Website, or any related content generated through the Services or functionality in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from us. You may contact us via the communication methods available on the Website if you wish to obtain such consent.

The Services

10.7. By uploading, transmitting, posting, or otherwise making available any information including any combination of data, illustrations, text, video, still images, audio or other material via the Services (Content), You:

(a) grant Color Your Life a non-exclusive, worldwide, royalty-free, perpetual, license to use, adapt, modify, publish, display, sub-license, reproduce, edit, and exploit the Content in any form and for any purpose;

(b) except where expressly stated otherwise, also grant each user of the Services a non-exclusive, worldwide, royalty-free, perpetual, license to use, reproduce, edit and exploit the Content in any form for any purpose, subject to these Terms and Conditions;

(d) warrant that the Content does not breach any of the Terms and Conditions.

10.8. You agree that Color Your Life has the right to:

(a) review, modify, reformat, reject, or remove any Content which you upload, post, transmit, or otherwise make available (or attempt to upload, post, transmit or otherwise make available) on the Services;

(b) monitor the use of and engagement with the Services, and store or disclose any Content that we collect, including in order to investigate compliance with these Terms and Conditions and for the purposes of any police investigation or governmental request.

10.9. You accept that Color Your Life is not responsible for and has no liability with respect to, any Content uploaded, posted, transmitted, or otherwise made available on the Services by any person other than us.

10.10. You agree that Color Your Life will not be taken to have uploaded, posted, transmitted, or otherwise made a Content available on the Services by facilitating other members of Color Your Life to post, transmit, or make Content available.

11. INDEMNITY AND LIMITATION OF LIABILITY

11.1. Nothing in these Terms and Conditions limit, exclude or modify the applicable consumer protection laws or regulations, except where legally permitted to do so.

11.2. To the extent permitted by law, you agree that Color Your Life is excluded from all conditions and warranties relating to your use of the Services and the Website that are not expressly set out in these Terms and Conditions. To the extent that our liability for breach of any implied warranty or condition cannot be excluded by law, our liability will be limited, at our option, the re-supply of the Services, or the payment of the cost of having the Services re-supplied.

11.3. In relation to any express warranty or condition set out in these Terms and Conditions in connection with the Services supplied or offered by us via the Website, our liability to You will be limited to the amount paid by you in respect of those Services or if in relation to Your use of the Website, it will be limited to One Thousand US Dollars (USD$1,000.00).

11.4. You agree to defend, indemnify and hold harmless Color Your Life, its officers, directors, employees, agents, subcontractors, licensors, associated or related entities and/or suppliers, from and against all claims, actions, demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, arising in connection with Your use of the Services and the Website, or resulting from, or alleged to result from, Your use of Services and the Website, a breach of Your representations and warranties or your violation of any of these Terms and Conditions.

11.5. You further agree to defend, indemnify, and hold harmless Color Your Life, its officers, directors, employees, agents, subcontractors, licensors, associated or related entities and/or suppliers, from and against all claims, actions, demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, arising in connection with any dealings you have or instigate with any buyers, vendors, real estate agents, agencies, and any other third parties.

11.6. Notwithstanding anything to the contrary in these Terms and Conditions, in no circumstances will we be liable to you or any third-party for any indirect, punitive or consequential loss or damages, loss of income, profits, goodwill, data, contracts, use of money or any loss or damages arising from or in any way connected to business interruption of any type, whether in tort, contract or otherwise, in relation to:

(a) Color Your Life’s failure or omission to comply with obligations under these Terms and Conditions;

(b) Your use of the Services;

(c) any activity, transaction, communication or other interaction between you and any other party either directly or outsourced by the Services;

(d) any errors or omissions from any information on the Services including typographical, location, pricing, or photographical errors;

(e) any technical malfunction, error, virus, delay, or interference.

11.7. You agree to pursue any claim or action against any other site user or member arising from the use of the Services independently of and without any demands from or claims, liability, and damages connected to Color Your Life.

12. GENERAL

12.1. These Terms and Conditions constitute the entire agreement between Color Your Life and you in relation to the Website and Services. Your use of the Website and Services supersedes all other (prior or contemporaneous) communications or displays whether electronic, oral or written, between Color Your Life and you in relation to the Website and Services.

12.2. You agree to keep all information it receives and collects in respect of the vendor confidential. Notwithstanding the foregoing, the agent acknowledges that Color Your Life may disclose such information if required to do so by law, regulation, or order of a court of competent jurisdiction only.

12.3. These Terms and Conditions are governed by the laws of Hong Kong, and you irrevocably submit to the exclusive jurisdiction of the courts of Hong Kong.

12.4. If any of these Terms and Conditions are invalid, unenforceable, or illegal, that provision will be struck out, and the remaining terms will remain in force

12.5. If Color Your Life do not act in relation to a particular breach by you of these Terms and Conditions, this will not be treated as a waiver by us of our right to act with respect to prior, subsequent, or similar breaches.

12.6. The obligations under this agreement survive the termination of these Terms and Conditions.

Terms and Conditions: Points

By using our Site, you are agreeing to these Terms and Conditions. These Terms and Conditions and Color Your Life’s Privacy Policy (collectively, the “Agreement”) govern your relationship to Color Your Life with respect to your use of the Site.

As a condition of your use of this Site, you warrant that (i) you are at least 18 years of age; (ii) you possess the legal authority to create a binding legal obligation; (iii) you will use this Site in accordance with this Agreement; (iv) you will only use this Site to make legitimate reservations for you or for another person for whom you are legally authorized to act; (v) you will inform such other persons about the terms and conditions that apply to the reservations you have made on their behalf, including all rules and restrictions applicable thereto; and (vi) all information supplied by you on this Site is true, accurate, current and complete. We retain the right at our sole discretion to deny access to anyone to this Site and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.

Points

Points are awarded for each eligible transaction debited to your rewards account. You can only earn points when referred someone.

Points and bonus points aren’t property and don’t have any monetary value except to the extent specifically provided for by a reward. They can’t be redeemed for cash. They can only be redeemed for rewards in accordance with these terms and conditions. Points may not be sold or transferred.

Prohibited Activities

The content and information on this Site, as well as the infrastructure used to provide such content and information, is proprietary to us, our suppliers and/or our loyalty program partners. You are licensed to use our Site solely for the purpose set out above. You are not permitted to copy our Site. While you may make limited copies of transaction related documents for products or services purchased or exchanged through this Site, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Site. Additionally, you agree not to:

make any speculative, false, or fraudulent claims about your membership to any loyalty rewards program or make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
access, monitor or copy any content or information of this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
violate the restrictions in any robot exclusion headers on this Site or by-pass or circumvent other measures employed to prevent or limit access to this Site;
take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
deep-link to any portion of this Site (including, without limitation, the purchase path for any transaction) for any purpose without our express written permission; or
“frame”, “mirror” or otherwise incorporate any part of this Site into any other website without our prior written authorization.

Tracking Your Balances

Color Your Life allows you to track the balances in the reward program you belong to. In order for us to track your balances and display them to you, we need to know specific information regarding your reward program accounts (such as your reward program account number, user identification, personal identification number, password and/or access code). This information enables us to update your account balances on an ongoing basis. By providing this information to us you authorize us to use and disclose such information to third parties on your behalf in order to display your balances and to execute and complete transactions on Color Your Life.

Transactions

Color Your Life allows you to conduct the following reward program currency transactions:

You may exchange your reward program points from one program to another; or
You may redeem your reward program points for gift and stored value cards.

The following terms and conditions apply to all transactions you conduct through Color Your Life.

All transactions are final and non-refundable. once a transaction has been submitted it may not be cancelled or reversed;
You are responsible for keeping your user id and password confidential. we reserve the right to terminate and delete any accounts at our sole and absolute discretion at any time and without notice; and
We reserve the right to review, cancel and reverse any transaction in the event of fraud, a charge-back of any transaction fee paid by credit card, or an error or mistake made by us, including errors in any reward program point conversion, redemption or swap rate. you hereby consent to the removal of reward program points from your reward program accounts as required by us to reverse a cancelled transaction.

Misprints and Errors

We endeavor to provide current and accurate information regarding the offers and transactions available to you. Nevertheless, errors and misprints occur. Accordingly, we reserve the right to reject, correct, cancel or terminate any transaction for which the price or offer details were incorrectly displayed or for which any other erroneous or inaccurate information was provided. We reserve the right to do this at any time during the transaction process, including after a transaction has been submitted and even if the transaction has been confirmed by us. Under no circumstances are we obligated to process or complete any transaction based on any error, misprint or otherwise.

Copyright and Trademarks

The Service is the personal property of Color Your Life and it retains the right to bar any individual or entity from the Service. The Service and all materials published therein, including but not limited to articles, graphical images, interactive applications, audio clips, and video clips and PDF files (collectively, the “Content”), are protected by copyright and are owned by Color Your Life or its licensors. You may not modify the Content or re-publish, re-transmit, or otherwise distribute directly or via links any Content to any third person except for your personal, non-commercial use, as permitted by the license granted above. It is understood that some of the content appearing on the site is news and as such releases are not obtained from individuals or entities for the use of the name, likeness, or trademarks. It is your sole obligation to a) determine if your uses require releases or permission, and b) to obtain the necessary releases.

Linked Sites

We make no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under the control of Color Your Life and we are not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. We are providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by Color Your Life of the site or any information contained therein. When leaving the Site, you should be aware that our terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site. Please also be sure to read the posted Privacy Policy.

Changes

We reserve the right, at any time, to: (1) change the terms and conditions of this agreement; (2) change the Site, including eliminating or discontinuing any content on or feature of the Site; and/or (3) change any fees or charges for use of the Site. Any changes we make will be effective immediately and automatically without further or special notice. Your continued use of the Site following such changes will be deemed acceptance of such changes.

We further reserve the right at any time, without notice, to: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and/or (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Governing Law and Disputes

This Agreement shall be governed by and construed in accordance with the laws of the Hong Kong. You agree to grant jurisdiction over yourself to the courts of the Hong Kong, and designate it as the forum for resolution of all disputes arising under this Agreement.

Disclaimer

You agree that your use of the Site shall be at your sole risk. The Site and the services offered thereon are provided “as is” without warranty, representation, condition or guarantee of any kind, either expressed or implied, including but not limited to any implied warranties, representations, conditions or guarantees of quality, merchantability, merchantable quality, fitness for a particular purpose or non-infringement, all of which are disclaimed to the fullest extent permitted by law. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. Color Your Life nor any of its affiliates, licensors, suppliers, advertisers, sponsors, and agents warrant that your use of the Site or the software will be uninterrupted, error-free or secure, that defects will be corrected, or that the Site, the server(s) on which the Site is hosted or software are free of viruses or other harmful components.

Although Color Your Life makes reasonable efforts to ensure that the balances displayed to you are accurate and up to date, we cannot ensure that this will always be the case and hereby disclaims any responsibility for the accuracy of such balances.

Limitation of Liability

Neither Color Your Life its suppliers and/or its loyalty program partners, nor any of our/their affiliates, licensors, suppliers, advertisers, or sponsors, nor any of our/their directors, officers, employees, contractors, consultants, agents, or other representatives, are responsible or liable for any indirect, incidental, consequential, special, exemplary, punitive, or other damages (including, without limitation, damages for loss of business, loss of data, or lost profits), under any contract, negligence, strict liability or other theory arising out of or relating in any way to the Site and/or materials contained on the Site, the software, any linked site or any product or service purchased through the Site.

Your sole remedy for dissatisfaction with the Site, materials, software or any linked site is to stop using the Site, materials, software or linked site, as applicable. Our maximum liability for all damages, losses and causes of action, whether in contract, tort (including, without limitation, negligence) or otherwise, shall in no event exceed USD$100,000.00. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Indemnity

You agree to indemnify, defend, and hold Color Your Life, and our respective affiliates, licensors, suppliers, advertisers, and sponsors, and their respective directors, officers, employees, contractors, consultants, agents, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and other expenses that arise directly or indirectly out of or from (a) your breach of the Agreement; (b) any allegation that any submissions or other materials you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret, or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Site.

ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.

Color's Rewards Rules and Conditions

These Rewards Program Terms and Conditions (“Rewards Terms) apply to your access to and participation in the Cor Your Life Rewards Program (“Rewards Program “), which is operated by Color’s Rewards is operated by Color Your Life Ltd. (the “Company”). These Rewards Terms do not alter in any way the terms or conditions of any other agreement you may have with Color Your Life or other products and services. Please note that your access to and participation in the Rewards Program is also governed by the terms, conditions, limitations and requirements linked in these Rewards Terms, all of which (as may be changed over time) are incorporated into these Rewards Terms.

Color Your Life reserves the right to change, modify and/or eliminate the Rewards Program and/or all or any portion of these Rewards Terms or any policy pertaining to the Rewards Program at any time and in our sole discretion, including our right to discontinue benefits or change the expiration date of Rewards or Points received under the Rewards Program, merge the Rewards Program with another rewards program, or to adjust how Rewards Points are earned, calculated or redeemed. It is possible that you may be unable to receive enough Rewards Points to redeem a Rewards Code if we discontinue the Rewards Program or merge the Rewards Program into another rewards program. If we make changes, we will post the amended Rewards Terms and update the “Effective Date above. We may also attempt to notify you in other ways. Unless we say otherwise, the amended Rewards Terms will be effective immediately and your continued participation in the Rewards Program after the amended terms are posted will confirm your acceptance of the changes. If you do not agree to the amended Rewards Terms, you must stop participating in the Rewards Program.

(1) Rewards Program Eligibility

You must be a member of Color Your Life and must be at least 18 years of age to participate in the Rewards Program. To become a member of Color Your Life, please visit www.wemakeyourlifemorecolorful.com and download the apps. Your membership will become effective at the time of completion of registration. A member may have only one membership account.

(2) Membership Jurisdiction

The country of the member registered address will determine the Color’s Point. The services provided may differ according to the particular jurisdiction.

(3) Membership data changes, responsibility of notification

The member shall be responsible for notifying the Company for any changes in its membership profile. Color Your Life will not be held responsible for any damages the member incurs due to non-delivery, omissions, or errors of the member’s notification.

(4) Termination of Membership

If a member does not renew the subscription for more than three (3) months, Color Your Life will automatically cancel the membership. The Color’s Point that you have will automatically lost.

(5) Validity of Color’s Point

Color’s Point will be valid until the last day of the 3rd month following the month of renewal. After the expiration date, the Color’s Point in the member’s account will expire. Color Your Life shall not be held liable or responsible for the expiration of the Color’s Point.

(6) Combining Color’s Point among members

Rewards Program is intended for personal use only. The pooling, combining, or transferring of accrued point between members is not permitted.

(7) Application for Rewards

Redemption of Color’s Bonus and Presents from Color Your Life is only applicable to those individual and entity who registered in challenger class, economy class and business class member. Free member is not entitled to apply for Color’s Bonus and Presents. The Company has the right to choose any goods and services for redemption.

(8) Delivery Address for redemption

All rewards will be sent to the registered address of the member.

(9) Restricted Travel Dates, Air Company, Hotels and Capacity Controls for Color’s Presents

The Company will endeavor, but does not guarantee, to select the preferred date, air company, and hotels of the member.

(10) Changes to Color’s Rewards

Color’s rewards may be terminated or changed at any time.

(11) Rewards with expiration date

Rewards offered with an expiration date cannot be redeemed after cancellation of account.

(12) Prohibition of Sale

The selling, bartering, or exchanging of Color’s Point and Rewards are not permitted. Rewards in to cash or items of monetary value or putting such rewards up for action on auction sites on the internet is not permitted.

(13) Taxes & Fees for Rewards

The member is solely responsible to bear and pay any taxes, surcharges, fees, or other charges including, without limitation, customs taxes, and departure, airport facility surcharges, and security tax fees which may be payable or assessed as a result of the rewards.

(14) Government Regulations

The Color’s Rewards rules and conditions are subject to all relevant laws and government regulations.

(15) Loss or Theft

Color Your Life shall not be held liable or responsible for the loss or theft of issued rewards.

(16) Latest Rules

All rules and condition set forth in the latest edition, in the latest supplement websites will take precedence over all prior rules and conditions.

(17) Identification of a member

When an application for a reward is made and the reward is implemented based on the procedures stipulated in the Color’s Rewards rules and conditions, the Company will deal with the application and implementation of the member’s reward in an effective manner.

(18) Causes for Membership Disqualification

A: the member’s registration date is incorrect.

B: Submission of a false declaration or notice in relation to Color’s Rewards.

C: Engagement in conduct not permitted under these Color’s Rewards rules and condition or other rules.

D: Engagement in conduct which the Company judges to harm the member’s mutual trust with it.

If a member engages or attempts to engage in any of the above conduct, the Company may immediately terminate membership, withdraw color’s point and rewards, claim for damages, temporarily suspend member services, and/or deny the member’s future participation in Color Your Life. Furthermore, the Company or governmental authorities may take appropriate administrative and/or legal action.

In principle, the total amount of damages to be claimed will be the full amount of actual damages sustained by the Company.

(19) Arbitration

As part of a member’s enrollment in Color Your Life, the member agrees that any dispute, controversy or claim arising out of or relating to this Rewards Program shall be settled and resolved by arbitration in accordance with the rules and procedures.

(20) Notice of member’s termination

The Company will notify members at least one month prior to the termination of the membership.

(21) Management of personal information

The Company recognizes the importance of the personal information submitted by the members, treats it with care, and safeguards it under a strict computerized security system.

(22) Usage of personal information

The Company may use the personal information submitted by members for the purpose of Color’s Rewards, services closely related to travel such as package tours and hotels, notices about promotional materials and questionnaires.

(23) Provision of information to Online Shopping, service sites

When a member claims the Color’s Rewards, the Company may need to use his or her personal information by giving to online site which you decided to redeem your Color’s point.

Miscellaneous

Without notice to you, the Company reserves the right to suspend or terminate your Rewards Program Account and/or your participation in the Rewards Program (in whole or in part), if the Company determines in its sole discretion that you have violated these Rewards Terms, you have more than one Rewards Program Account, or that the use of your Rewards Program Account or your participation in the Rewards Program is unauthorized, abusive, deceptive, fraudulent or otherwise unlawful. The Company may, in its sole discretion, suspend, cancel or combine Rewards Program Accounts that appear to be duplicative. In the event that your participation in the Rewards Program is terminated, you will not be able to redeem any accumulated Color’s Points.

Without notice to you, the Company also reserves the right to “unregister” a Rewards Program Account that is inactive and cause that Rewards Program Account to be ineligible for the Rewards Program. An inactive Rewards Program Account is defined as a Rewards Program Account that has not earned Rewards Points for 1 month. In the event that your Rewards Program Account is unregistered due to inactivity, then you will no longer be eligible for Rewards Program benefits, including accumulating Rewards Points or converting your Rewards Points into Rewards Codes.

Terms and Conditions: Redeeming Point

The Color Your Life Rewards program (the “Program”) and its benefits are offered at the sole discretion of Color Your Life. By becoming a member of the Program and receiving and redeeming benefits of the Program, each Color Your Life Rewards Member agrees below:

1. General Terms and Conditions

a. Color Your Life has the right to add, change, limit, modify or cancel Program rules, regulations, rules for earning and redeeming Color Your Life points, rewards, reward levels, redemption levels, processes, benefits at any time, with or without notice, even though such changes may affect the value of points already accumulated, the ability to use accumulated points, or the ability to obtain certain rewards.

b. Color Your Life may, among other things: (1) increase or decrease the number of points received for a reward; (2) withdraw, limit, modify, or cancel any reward; and (3) change program benefits. You will be bound by any such changes.

c. The accumulation of points does not entitle members to any vested rights with respect to points, rewards, or program benefits.

d. In accumulating points, members may not rely upon the continued availability of any reward or reward level. All membership benefits are subject to availability.

e. Each member is responsible for remaining knowledgeable as to the Program Terms and Conditions and as to the number of points in his or her account.

f. Color Your Life make no warranties or representations, either expressed or implied, and expressly disclaim all liability (including consequential damages) with respect to type, quality or fitness of goods or services provided through the Program.

g. All interpretations of Program Terms and Conditions shall be at the sole discretion of Color Your Life.

h. We endeavor to keep the information on our website current, including the links from these Terms and Conditions, but you should contact Color Your Life for the most current information. We are not responsible for any information that has not been updated.

i. These Terms and Conditions are governed by and shall be construed in accordance with the laws of Hong Kong.

j. Membership, and the earning and redeeming of Color Your Life points are subject to all applicable local laws and regulations. Membership, membership benefits, and awards are offered in good faith, however, they may not be available or are subject to change if prohibited or restricted by applicable law or regulation.

k. All disputes which cannot be resolved between the parties, and causes of action arising out of or connected with the Program, shall be subject to the Program’s Limitation of Liability.

2. Program Availability

a. The Program has no predetermined termination date and may continue until such time as Color your Life decides to terminate the Program, at any time, with or without notice.

b. If the Program is terminated, all unredeemed points shall be forfeited without any obligation or liability, and no award claims shall be honoured after the conclusion of any notice period.

3. Membership Eligibility and Fee

a. Membership in the Program is available to individuals (“you”) as stated in these Program Terms and Conditions.

b. Membership Fee shall depend on the category that you have chosen as indicated in Color Your Life’s website.

c. Companies and/or other entities cannot enroll.

d. Members cannot maintain membership in or earn points on multiple accounts. You may maintain only one account.

e. We may refuse Membership to, or terminate Membership of, any individual without giving a reason.

f. You will be enrolled in the Program and become a Member from the date we receive your completed application and payment of the necessary Membership Fee.

g. An active member is defined as any member having point activity (accrual, redemption, or purchase points) within the last 24 months.

4. Account access

a. You are able to use usernames, passwords, or other codes or devices to gain access to restricted portions of the Color Your Life Rewards.

b. We maintain a personal preference profile for Color Your Life Rewards members, containing information provided by you.

c. The content contained in such restricted areas is confidential to Color Your Life and is provided to you for your personal use only.

d. We reserve the right to prohibit the use of such access codes on your behalf by third parties where we determine that such use interferes with our website’s operation or results in commercial benefits for other entities to our detriment.

5. Membership Cancellation

a. Color Your Life reserves the right to cancel Color Your Life Rewards membership and revoke any and all unredeemed Color Your Life Rewards points collected by any member who appears to be using the Program in a manner inconsistent with the Terms and Conditions or intent of the Program or any portion of the Program, and for reasons that include, but are not limited to: 1) violation of these Terms and Conditions; 2) misrepresentation of any information or any misuse of this Program; 3) violation of any national, state or local law or regulation in connection with the use of membership privileges; 4) commission of fraud or abuse involving any portion of this Program; 5) more than one active account per member, multiple accounts for each member must be merged; or 6) action, in any other way, to the detriment of the Program; all as may be determined by Color Your Life in its sole discretion.

b. Members who do not earn points in any 24 consecutive months may be removed from the Color Your Life Program and will forfeit all accumulated points.

c. You may cancel your Membership at any time by giving written notice of cancellation to Color Your Life. If you do this, all unredeemed Color Your Life Rewards points will be forfeited immediately and may not be reinstated or transferred.

6. Data Privacy

In order to join the Program, you must agree to the Color Your Life’s Privacy Policy, which applies to your use of our websites.

7. Points

a. At all participating activities, you will receive Color points, 1 point = 1 USD dollar equivalent to local currency – exclusive of any promotional or other type of bonus – paid toward eligible charges on your Color Your Life Membership Account.

b. We reserve the right to deduct any Color Your Life Rewards points credited to a Color Your Life Membership Account in error without notice. If refunds are made to you in respect of goods or services for which you received Color Your Life Rewards points, Color Your Life will adjust the number of rewards points awarded.

c. No other person except the member may earn points for his/her account.

8. Point Adjustments

a. You are responsible for ensuring that your points are properly credited to your account.

b. If you believe your account activity statement is inaccurate, send an email to Color Your Life.

c. Failure to supply the adequate and unaltered documentation may result in denial of such point credit.

d. For the member’s protection, all documentation should be retained by the member until the point credit has appeared on his or her account.

e. The points listed in your Color Your Life Rewards account are subject to change to reflect actual information, any adjustments and Program changes.

9. Rewards Redemption

a. Members may redeem Color Your Life Rewards points in exchange for various benefits and products.

b. Color Your Life reserves the right to discontinue a redemption benefit and/or products at any time with or without notice.

c. Color Your Life reserves the right to alter the ratio of exchanges Color Your Life points and benefits and/or products, at any time.

10. Notice of Changes

a. Changes to these Terms and Conditions will be posted on the Color Your Life Website and will be effective immediately unless stated otherwise. Color Your Life is under no obligation to notify members of changes except by the posting on such website.

b. Each member is responsible for advising Color Your Life Rewards of any address changes. We shall have no responsibility for misdirected or lost mail or any consequences thereof.

11. Communications

a. All Program communications will be sent to you at the mailing address and/or e-mail address which you provide on your application form.

b. You can view your Color Your Life Rewards point balance and transaction history, update your personal details, and change your communications preferences at any time.

12. Program Violations

Program violations, fraud or abuse in relation to point credit or reward usage is subject to appropriate administrative and/or legal action by appropriate governmental authorities and by Color Your Life including, without limitation, the forfeiture of all point transfers and rewards issued pursuant to point redemptions and any accrued points or miles in your account, as well as cancellation of the account and your future participation in the Program.

13. Limitation of liability

a. Color Your Life shall not be liable to any person for any action taken or neglected to be taken with respect to the Program, except for errors in posting Color Your Life Rewards points to Program accounts.

b. The sole remedy available to you in connection with the Program (whether your claim is based in law or equity) shall be the crediting or re-crediting to your Program account of Color Your Life Rewards points in an amount no greater than the number of Color Your Life Rewards points at issue. In no event shall we be responsible or liable for special, consequential, extraordinary or indirect losses or damages, including any lost profits.

c. Color Your Life will attempt to send correspondence to active members to advise them of matters of interest, including notification of Program changes. However, Color Your Life shall not be liable for any failure to do so and will not be responsible for incorrect or inaccurate transcription of entry information, for problems related to any of the equipment or programming associated with or utilized by the member, for any human error, for any interruption, deletion, omission, defect, or line failure of any telephone network or electronic transmission, for problems relating to computer equipment, software, inability to access any website or on-line service, for any other technical or non-technical error or malfunction, for lost, late, stolen, illegible, incomplete, garbled, misdirected, mutilated or postage due mail or other mail for whatever reason.

Terms and Conditions: Advertising

Welcome to Color Your Life. Every advertiser and advertising agency (“you”) who submits an order for advertising on a website or in an e-mail operated by us, agrees to these Terms and Conditions. Your order and these Terms and Conditions form the basis of a contract between you and us for the provision of the advertising ordered by you.

We may change these Terms and Conditions at any time without notice to you. Those changes will apply to the provision of advertising services after the date the change becomes effective. You and we will be bound by the Terms and Conditions that are current as at the date of your order.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SERVICE AS VIOLATION OF THE TERMS AND CONDITIONS CAN LEAD TO LEGAL LIABILITY.

Participation and Conduct

Our Terms and Conditions set out our standard terms and conditions for advertising products and services we supply to advertisers on our website.

We will, subject to availability, technical limitations, and these Terms and Conditions, use our reasonable endeavors to publish your advertisement in the format submitted by you and in accordance with your other instructions. The positioning or placement of your advertisement will be at our discretion unless we expressly agree otherwise in writing.

No contract is formed between you and us until we accept your advertisement for publication and issue you with a valid invoice. If we do refuse to publish your advertisement, no fee will be charged to you. Even if a contract has been formed between you and us, we reserve the right to refuse or withdraw your advertisement from publication at any time, without giving reasons, even if we have previously published the same or similar advertisement. We may, at our absolute discretion and at no extra cost to you, re-publish your advertisement in any other place. You acknowledge that we are entitled to publish your advertisement anywhere in the world via any medium. We may, without prior consultation or notice to you, amend your advertisement in any way whatsoever, if we believe that the publication of your advertisement would be offensive, in breach of any law, in breach of any pre-existing agreement we have with a third party or in breach of a third party’s rights. If we amend your advertisement, this will not reduce the price agreed for publication of the advertisement. We reserve the right to vary the placement or positioning of your advertisement and to change the format of your advertisement where we deem fit to do so. We will endeavor to notify you of those changes, but we will not be liable for any costs, expenses, losses or damages suffered or incurred by you arising from our failure to publish your advertisement in accordance with your request. We may head any advertisement as “Advertisement” whenever required to do so by law or whenever we consider it appropriate, for any reason, to distinguish it from other types of content.

You must promptly check any proofs of advertising, if we have arranged to provide you with any and notify us of any errors in the proofs or in any advertisement that we publish for you. We do not accept any responsibility for errors in advertising material that has been submitted electronically by you.

Cancellation of any advertisement or campaign must be received in writing from you no less than 20 days before the commencement date in order to receive a 100% refund. Any cancellations after this date will be subject to a minimum cancellation fee of 100% of the total cost of the entire campaign. Campaigns cancelled at your request after commencement will not be entitled to a refund of the unused portion of the campaign.

If you fail to pay for the advertising services in accordance with your order and these Terms and Conditions, or if you commit an act of bankruptcy, become insolvent, have a receiver or administrator or liquidator or manager appointed over any of your assets or if you resolve to wind up your company, then we may, at our absolute discretion, cancel any current advertising campaign and terminate any agreement for advertising that is yet to be published and take proceedings against you to recover any overdue amount including costs in relation to any action taken against you by us.

By submitting advertising material to us or authorizing or approving the publication of advertising material by us on your behalf, you warrant that the advertising material complies with all relevant laws and regulations and that its publication will not give rise to any claims or liabilities against us, our partners, our directors, employees or agents. Without limiting the above, you warrant that the advertising material submitted, authorized or approved by you does not breach or infringe any copyright, trade mark, obligation of confidentiality or other personal or proprietary rights; any law of defamation, obscenity or contempt of any court, tribunal or royal commission; or any other law. By submitting, authorizing, or approving advertising material for publication by us, you indemnify us and our partners, our directors, employees and agents against all claims, demands, proceedings and other liability arising wholly or partially, directly or indirectly, from the publication of the advertising material. Without limiting the generality of the above, you indemnify us and our partners, our directors, employees and agents against any costs, expenses, losses, damages, liability, and claims suffered or incurred and arising from your breach of these Terms and Conditions and any negligent or unlawful act or omission by you in connection with the advertising.

We make no representation or warranty in relation to the number of visitors to our websites or the number of impressions at any site except for any made expressly in writing by us. Except for any warranty or representation made expressly in writing by us, you acknowledge that you have not relied on any advice given or representation made by us or on our behalf in connection with the advertising.

We exclude all implied conditions and warranties from these Terms and Conditions, except any condition or warranty which cannot be excluded. We limit our liability for: breach of any non-excluded condition (to the extent that liability for such breach can be limited); and any other error or omission in publishing caused by us; to (at our option) re-supply of the advertising services affected by our breach or payment of the cost of re-supply. Subject to the above, we exclude all other liability to you for any costs, expenses, losses and damages suffered or incurred by you in connection with these Terms and Conditions and any advertisement published by us, whether that liability arises in contract, tort (including by our negligence), or under statute. Without limitation, we will not, in any circumstance, be liable for any indirect or consequential losses, including loss of profits, loss of revenue, and loss of business opportunity.

These Terms and Conditions, together with your Agreement with us, represent the entire agreement between you and us in relation to the advertising services and cannot be varied except by agreement in writing signed by one of our authorized officers. No document issued by you will vary these Terms and Conditions. We will not be liable for any delay or failure to publish your advertisement that is caused by a factor outside of our reasonable control (including but not limited to any act of God, war, breakdown of plant, industrial dispute, electricity failure, governmental or legal restraint). We may serve a notice or any court document on you by forwarding them by prepaid post or facsimile to your last known address.

You may not transfer, assign, sub-license, lend, or re-sell the rights granted under this license. Any use in violation of these limits shall constitute a violation of the terms of this license. Absolutely no framing of our site is permitted.

You may participate in any forums or messaging threads offered through the Service, but you agree not to post any material the content of which (i) is defamatory, libelous, obscene, indecent, abusive, threatening to others, or in violation of any law; or (ii) infringes the copyright, trademark right, or other intellectual property right of any third party. You will be solely responsible for all content that you post on the Service.

You agree to indemnify Color Your Life and its officers and employees from and against all liabilities, judgments, damages, and costs (including attorney’s fees) incurred by any of them that arise out of or are related to the content that you post.

Color Your Life reserves the right to monitor content posted on the Service, and to modify or remove any messages or postings that it deems, in its sole discretion, to be abusive, defamatory, in violation of the copyright, trademark right, or other intellectual property right of any third party, or otherwise inappropriate for the Service
Copyright and Trademarks

Intellectual Property Infringement Claims

It is the policy of Color Your Life to respond expeditiously to claims of intellectual property infringement. Color Your Life will promptly process and investigate notices of alleged infringement and will take appropriate actions under the relevant law and other applicable intellectual property laws, up to and including blocking or removing the offending content. Color Your Life will terminate access for subscribers and account holders who are repeat infringers.

Please direct any notices of claimed copyright infringement to [email protected] or the person or entity at the addresses and telephone number below:

Permissions

All requests for licensing, reprints, linking and other usage of material on this website should be addressed to [email protected] . We will review your request, and provide you with an approval or rejection as soon as we have evaluated the request. We will attempt to approve or disapprove within 24 hours of each request.

Exclusions of Warranty and Liability

THE SERVICE AND ANY EXECUTABLE PROGRAMS AND OTHER MATERIALS PROVIDED THROUGH THE SERVICE ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE HEREBY EXCLUDED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COLOR YOUR LIFE DOES NOT WARRANT THAT THE SERVICE OR ANY MATERIALS OBTAINED THROUGH THE SERVICE ARE VIRUS-FREE. IF YOU DOWNLOAD EXECUTABLE PROGRAMS FROM THE SERVICE, THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF SUCH PROGRAMS IS ASSUMED BY YOU. COLOR YOUR LIFE IS NOT RESPONSIBLE FOR THE ACCURACY OF OR ERRORS OR OMISSIONS IN ANY SUCH PROGRAMS, AND IT DOES NOT WARRANT THAT THE OPERATION OF ANY SUCH PROGRAMS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN ANY SUCH PROGRAMS WILL BE CORRECTED. COLOR YOUR LIFE DOES NOT WARRANT THAT THE CONTENT OF ITS STORIES WILL BE ERROR FREE.

COLOR YOUR LIFE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOST PROFITS OR REVENUE; LOSS OF USE OF OR RELIANCE ON THE SERVICE, INFORMATION PROVIDED OR OF ANY EXECUTABLE PROGRAMS; LOSS OF USE OF DATA OR EQUIPMENT; OR OTHER SIMILAR DAMAGES) ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR ANY EXECUTABLE PROGRAM OBTAINED THROUGH THE SERVICE, EVEN IF COLOR YOUR LIFE HAS BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES. IN NO EVENT SHALL COLOR YOUR LIFE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) RELATING TO THE SERVICE EXCEED USD $100,000.00

This website may contain links to other websites that are owned and operated by third parties. You acknowledge that Color Your Life is not responsible for the accuracy, content, or availability of information accessed or linked to through this website, nor does the inclusion of any such link imply endorsement by Color Your Life of that website.

Notices

Color Your Life may give notice to you through general posting on the Service, through postal notification, or through e-mail notification, in its sole discretion. You may give notice to Color Your Life by postal mail to Unit 1233 Star House, 3 Salisbury Road, Tsim Sha Tsui, Kowloon Hong Kong.

Color Your Life reserves the right, in its sole discretion, to restrict or block the access of any subscriber to the Service, or any section thereof.

General

Any failure by Color Your Life to enforce any provision of this Agreement shall not be construed as a continuing waiver of any rights under such provision. In the event that any portion of this Agreement is held unenforceable, the remaining provisions of the Agreement shall remain in full force and effect.
Indemnity

In the event you breach these Terms and Conditions, or if, any claims are made against Color Your Life (its employees, officers or directors resulting from your actions) you shall be liable to Color Your Life for all damages, costs, judgments, expenses (including reasonable legal fees) which it incurs. This Agreement shall be governed by and construed in accordance with the laws of the Hong Kong. You agree to grant jurisdiction over yourself to the courts of the Hong Kong and designate it as the forum for resolution of all disputes arising under this Agreement.

This Agreement states the entire agreement between the parties with respect to the Service, and all prior or contemporaneous agreements are merged herein and superseded hereby.

ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.

Terms and Conditions: Lottery & Bingo

Color Your Life (“CYL”) offers this website for use in accordance with the Terms and Conditions contained herein. Your access to and use of this website is subject to these Terms and Conditions. By accessing or using this website in any way, including loading any page of the website, creating an account, signing up for any type of communication with CYL, and using any other activity available provided by CYL, you agree to comply with the terms, conditions, and disclaimers contained in this notice. If you do not accept these Terms and Conditions, do not use this website or conduct any activities available through this website. The website may be used only for lawful purposes.

USE OF SITE BY MINORS

This website is not intended for use by any person under the age of 18. By using this website, you represent that you are at least 18 years old and are fully able and competent to enter into the terms, conditions, representations, and warranties set forth herein. CYL suggests that parents and guardians take advantage of access controls offered by third parties, which are designed to assist in limiting or blocking access to certain types of web content that may be harmful to or inappropriate for minors.

CHANGES TO THE WEBSITE

CYL reserves the right to:

1. Change or remove (temporarily or permanently) the website or any part of it without notice, and you confirm that CYL shall not be liable to you for any such change or removal;

2. Change, remove, or discontinue any software, service, or promotion as advertised on this website at any time without notice and you confirm that CYL shall not be liable for any such change or removal; and

3. Change or modify these Terms and Conditions at any time at its sole discretion, and your continued use of the website following any changes shall be deemed to be your acceptance of such change.

ACCOUNT REQUIREMENTS

In order to participate in the “lottery” and “bingo” functionality of this website, CYL may require that you provide specific “personal information” to it in the manner prescribed by CYL to establish or maintain an account. You may not maintain more than one account. CYL reserves the right to delete or close any account or all accounts at any time for any reason, including but not limited to the existence of multiple accounts for one individual. No one under 18 years of age may establish an account.

ACCOUNT OPTIONS

By signing up for and participating in the lottery and bingo functionality on this website, you agree to receive e-mails, text messages to your phone, or other communications from CYL, which may be automated and could include such topics as, but not limited to, the following: winning numbers, jackpot alerts, newsletters, new game announcements, promotions, coupon offers, and surveys. In most cases, CYL will allow you to opt-in to any or all of these communications by updating your profile information on the website. You may also opt-out by un-subscribing or requesting that CYL deactivate your account.

LOTTERY AND BINGO TICKET AGREEMENT

As a registered user of the service, you acknowledge and agree that you are participating as a sole ticket holder independently at your discretion.

Tickets for a lottery and bingo drawing must be purchased at CYL’s websites before the cut-off time prior to the respective drawing. The tickets will be processed and posted, allowing users to view their ticket numbers online. In the event incorrect information is sent to a user, you agree to notify CYL upon receipt of erroneous information immediately. Otherwise, you waive any claim against CYL for the receipt of such erroneous information.

Once a ticket has been committed, you cannot terminate your account until the drawing for which you are committed has occurred. In addition, once a ticket has been committed, you cannot return, exchange, modify or remove your ticket. If a drawing is missed or rescheduled, CYL will conform to this change by entering the next drawing available.

LOTTERY / BINGO DRAWINGS

The user must subscribe to the Youtube or Youku Channel of CYL for the live lottery and bingo number drawings. CYL uses an application that generates or order pseudo-random number sets. You understand and acknowledge that the randomization process is seeded by the timestamp of its initial generation request and that the Company cannot be held responsible for any of the pseudo-randomly generated number sets derived through this system.

PRIZES

Within five (5) days from the live lotter and bingo number drawings, the user must immediately inform CYL about his winning by sending a picture of his winning ticket. It is your responsibility to verify your tickets and to advise CYL in the event of any winnings.

Upon receipt of the initial notification about the winning ticket, CYL will acknowledge the same and request the winning user to provide additional information via e-mail. The winning user is required to respond thereto within five (5) days from receipt of the said e-mail.

Once CYL confirms your winning and compliance with the requirements set forth in these Terms and Conditions, CYL will send the corresponding prize to the winning user. Upon receipt thereof, the latter is required to post a testimony about his experience and pictures of him together with the prizes in the social media account or website of CYL. CYL reserves the right to disqualify the winning user for joining the
lottery and bingo functionality if he fails to fulfill his obligations under this provision.

Failure of the winning User to comply with the requirements stated herein within the period prescribed will mean forfeiture of the prize corresponding to the winning ticket.

Where applicable by law, CYL will subject the prizes of any winnings to the statutory withholding taxes and deductions.

TRADEMARKS AND COPYRIGHTS

The Intellectual Property Rights in this website and the materials on or accessible via it belong to CYL or its licensors. For these purposes, “Intellectual Property Rights” includes the following: any patent, trademark, trade name, service mark, service name, copyright, design right, database right, trade secret, and other confidential information. This website and the materials on or accessible via it may not be copied, distributed, published, licensed, used or reproduced in any way (save to the extent strictly necessary for, and for, accessing and using this website) without the express written consent of CYL or, if applicable, its licensor. Other trademarks, service marks, registered trademarks, product and service names, and company names or logos that appear on the website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by CYL.

DISCLAIMER OF WARRANTIES

The materials on this website are transmitted and distributed “as is” without any representation or endorsement made and without express or implied warranties of any kind, including, but not limited to, warranties of title, implied warranties of merchantability, or fitness for a particular purpose.

Although CYL endeavors to ensure the accuracy of the information that appears on this website or contained in automated communications available through this website (including winning numbers), it makes no warranty as to the quality, correctness, completeness, or validity of such information. Information from the website or automated communications should always be verified before relying upon it. Official winning numbers are those selected in the respective drawings and recorded under the observation of an independent firm. In the event of a discrepancy between the official winning numbers and the winning numbers identified herein, the official winning numbers shall prevail.

CYL makes no warranty that the functionality of the website will be uninterrupted or error-free, that defects will be corrected or that the website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.

The contents of the website do not constitute advice and should not be relied upon in making or refraining from making, any decision.

LINKS

CYL may provide links to other outside websites as an additional resource for its website users and makes no representations regarding the content of any linked website or any companies that own, control, or manage the linked websites. Consequently, CYL is not responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in, programs used by, or services or products offered by, websites linked to or from this website. These links are provided to you as a convenience and do not constitute an endorsement by CYL. By clicking on any of these links, you are leaving our website.

The data collection, usage, and disclosure practices of any third-party linked to our website are not covered by these Terms and Conditions. CYL assumes no liability and is not responsible for any practices of such third-party websites, including their privacy practices or content, or disclosure of information by third parties.

LIMITATION OF LIABILITY

To the extent permitted by law, CYL will not be liable for any indirect or consequential loss or damage whatever arising out of or in connection with the use of the website.

INDEMNITY

You agree through the use of this website to indemnify CYL, its officers, directors, employees, agents, and affiliates from and hold harmless against any and all claims, damages, losses, and causes of action arising out of your use of or reliance upon the information on this website or out of any breach by you of these Terms and Conditions.

SEVERABILITY

If any provision of these Terms and Conditions is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications of the same are received by either you or us from any relevant competent authority, we shall amend or remove that provision in such reasonable manner as achieves the intention of the parties without illegality or, at CYL’s discretion, and the remaining provisions of these Terms and Conditions shall remain in full force and effect.

Terms and Conditions

Prohibited Conduct Policy

Color Your Life

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Color Your Life

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