The following are the terms and conditions for use of ColorWorld Web Design services including, without limitation, design, reproduction, shipment, as well as other services which may be offered by ColorWorld Web Design.
By signing the ColorWorld Web Design contract, you agree to be bound by all of these terms and conditions of the service.
The Service is offered to you (the “Customer”) by us (the “Company” or “ColorWorld Web Design”) conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.
1. The Customer guarantees, warrants, and certifies that it does not infringe upon or unlawfully, wrongfully, or improperly use any trademark, trade name, service mark, or copyright owned or claimed by another. The Customer further guarantees, warrants, and certifies that to its knowledge, no action, suit, proceeding or investigation has been instituted or threatened relating to any trademark, trade name, service mark or copyright formerly or currently used by the Customer in connection with the services rendered by the Company. The Customer shall indemnify, defend, and hold harmless the Company from and against any and all liabilities, costs or expenses which the Company might incur arising from or relating to the Customer's infringement upon, or unlawful, wrongful or improper use of a trademark, trade name, service mark or copyright owned or claimed by another.
2. Furthermore, the Company shall not be liable for any injury or damage to any person or property whatsoever by reason of, or in any manner growing out of, the Customer's infringement upon, unlawful, wrongful or improper use of a trademark, trade name, service mark or copyright owned or claimed by another.
3. ColorWorld Web Design reserves the right to decide whether to reproduce images presented to it in connection with its business. If the decision to not use an image or mark is made the customer will be contacted and his/her money will be refunded promptly.
4. The Customer certifies that he/she is over the legal age 18.
In the event a dispute shall arise between the parties to this contract, it is hereby agreed that the dispute shall be referred to either: the American Arbitration Association, the National Arbitration Forum or United States Arbitration and Mediation, upon agreement of the parties, for arbitration. The administrative fees paid for arbitration shall be advanced by the party asserting the claim. In all instances, the Arbitrator shall have the authority to allocate responsibility for the administrative fees between the parties. The parties shall equally share the fees of the Arbitrator and other jointly incurred expenses.
The arbitrator's decision shall be final and legally binding and judgment may be entered thereon. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator's award, or fails to comply with the arbitrator's award, the other party is entitled to costs of suit, including a reasonable attorney's fee for having to compel arbitration or defend or enforce the award.
THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION WHICH AFFECTS YOUR LEGAL RIGHTS AND MAY BE ENFORCED BY THE PARTIES.
Warranty Disclaimer - ColorWorld Web Design MAKES NO WARRANTIES TO ANY PERSON WITH RESPECT TO THE PRODUCTS AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Amendment and Waiver - Except as otherwise expressly provided herein, any provision of this Agreement may be amended and its observance may be waived (either generally or in any particular instance and either retroactively or prospectively) only with the written consent of the parties.
Governing Law - This Agreement will be governed by and construed under the laws of the State of New York and the United States without regard to conflicts of laws provisions thereof.
Entire Agreement - This Agreement supersedes all proposals, oral or written, all negotiations, conversations, or discussions between or among parties relating to the subject matter of this Agreement and all past dealing or industry custom.
Severability - If any provision of this Agreement is held to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
ColorWorld Web Design assumes no responsibility for any injuries sustained due to the misuse or mishandling of our products.
All pictures on this Web site are owned and copyrighted by ColorWorld Web Design unless otherwise stated. No duplication of images is permitted without the express written consent of ColorWorld Web Design.