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Terms and Conditions

TERMS

By accessing or using the Site, you are acknowledging that you have 
read, understand, and agree, without limitation or qualification, to be 
bound by these Terms and Conditions.

1. Privacy

Please review our Privacy Policy so that you may understand our privacy practices.

4. Products and Services for Personal Use

The products and services available on the Site, and any samples 
thereof we may provide to you, are for personal use only. You may not 
sell or resell any of the products or services, or samples thereof you 
purchase or otherwise receive from us. We reserve the right, with or 
without notice, to cancel or reduce the quantity of any order to be 
filled or products or services to be provided to you that we believe, in
our sole discretion, may result in the violation of our Terms and 
Conditions.

5. Purchase Related Policies and Procedures

To view policies and procedures related to orders placed through this 
Site (such as order processing, shipping and handling, returns and 
exchanges), click here.

6. Accuracy of Information

We attempt to be as accurate as possible when describing our products 
on the Site; however, to the extent permitted by applicable law, we do 
not warrant that the product descriptions, colors, information or other 
content available on the Site are accurate, complete, reliable, current,
or error-free.

7. Intellectual Property

All information and content available on the Site and its "look and 
feel", including but not limited to trademarks, logos, service marks, 
text, graphics, logos, button icons, images, audio clips, data 
compilations and software, and the compilation and organization thereof 
(collectively, the "Content") is the property 
of Zinkcolor, our affiliates, partners or licensors, and is 
protected by United States and international laws, including laws 
governing copyrights and trademarks.

Except as set forth in the limited licenses in Section 8,
or as required under applicable law, neither the Content nor any 
portion of the Site may be used, reproduced, duplicated, copied, sold, 
resold, accessed, modified, or otherwise exploited, in whole or in part,
for any purpose without our express, prior written  consent.

8. Limited Licenses

We grant you a limited, revocable, and non-exclusive license to access 
and make personal use of the Site. This limited license does not include
the right to: (a) frame or utilize framing techniques to enclose the 
Site or any portion thereof; (b) republish, redistribute, transmit, 
sell, license or download the Site or any and/or all Content (except 
caching or as necessary to view the Site); (c) make any use of the Site 
or any and/or all Content other than personal use; (d) modify, reverse 
engineer or create any derivative works based upon either the Site or 
any and/or all Content; (e) collect account information for the benefit 
of yourself or another party; (f) use any meta tags or any other "hidden
text" utilizing any and/or all Content; or (g) use software robots, 
spiders, crawlers, or similar data gathering and extraction tools, or 
take any other action that may impose an unreasonable burden or load on 
our infrastructure. You must retain, without modification, all 
proprietary notices on the Site or affixed to or contained in the Site.

We also grant you a limited, revocable, and nonexclusive license to 
create a hyperlink to the home page of the Site for personal, 
non-commercial use only. A website that links to the Site (i) may link 
to, but not replicate, any and/or all of our Content; (ii) may not imply
that we are endorsing such website or its services or products; (iii) 
may not misrepresent its relationship with us; (iv) may not contain 
content that could be construed as distasteful, obscene, offensive 
controversial or illegal or inappropriate for any ages; (v) may not 
portray us or our products or services, in a false, misleading, 
derogatory, or otherwise offensive or objectionable manner, or associate
us with undesirable products, services, or opinions; and (vi) may not 
link to any page of the Site other than the home page. We may, in our 
sole discretion, request that you remove any link to the Site, and upon 
receipt of such request, you shall immediately remove such link and 
cease any linking unless separately and expressly authorized in writing 
by us to resume linking.

Any unauthorized use by you of the Site or any and/or all of our 
Content automatically terminates the limited licenses set forth in this Section 8 include hyperlink without prejudice to any other remedy provided by applicable law or these Terms and Conditions.

9. Your Obligations and Responsibilities

In the access or use of the Site, you shall comply with these Terms and
Conditions and the special warnings or instructions for access or use 
posted on the Site. You shall act always in accordance with the law, 
custom and in good faith. You may not make any change or alteration to 
the Site or any Content or services that may appear on this Site and may
not impair in any way the integrity or operation of the Site. Without 
limiting the generality of any other provision of these Terms and 
Conditions, if you default negligently or willfully in any of the 
obligations set forth in these Terms and Conditions, you shall be liable
for all the losses and damages that this may cause to zinkcolor, 
our affiliates, partners or licensors.

10. Your Account(s)

You may choose to register at our Site if you are over thirteen (13) 
years of age; You are responsible for maintaining the confidentiality of 
your account, username and password and for restricting access to your 
computer.
You agree to provide only current, complete, accurate and truthful 
information. If you are accessing and using the Site on someone else's 
behalf, you represent that you have the authority to bind that person as
the principal to all Terms and Conditions provided herein, and to the 
extent you do not have such authority you agree to be bound to these 
Terms and Conditions and to accept liability for harm caused by any 
wrongful use of the Site or Content resulting from such access or use.

We reserve the right to refuse service and/or terminate accounts 
without prior notice if these Terms and Conditions are violated or if we
decide, in our sole discretion, that it would be in our 
best interests to do so.

9. Third Party Links

We are not responsible for the content of any off-website pages or any 
other websites linked to or from the Site. Links appearing on the Site 
are for convenience only and are not an endorsement by us, our 
affiliates or our partners of the referenced content, product, service, 
or supplier. Your linking to or from any off-website pages or other 
websites is at your own risk. We are in no way responsible for examining
or evaluating, and we do not warrant the offerings of, off-website 
pages or any other websites linked to or from the Site, nor do we assume
any responsibility or liability for the actions, content, products, or 
services of such pages and websites, including, without limitation, 
their privacy policies and terms and conditions. You should carefully 
review the terms and conditions and privacy policies of all off-website 
pages and other websites that you visit.

10. Special Features, Functionality and Events

The Site may offer certain special features and functionality or events
(such as contests, sweepstakes or other offerings) which may (a) be 
subject to terms of use, rules and/or policies in addition to or in lieu
of these Terms and Conditions; and (b) be offered by us or by third 
parties. If so, we will notify you of this and if you choose to take 
advantage of these offerings, you agree that your use of those offerings
will be subject to such additional or separate terms of use, rules 
and/or policies.

11. Submissions

It is our policy to decline unsolicited suggestions and ideas. 
Notwithstanding our policy with regard to unsolicited suggestions and 
ideas, any inquiries, feedback, suggestions, ideas or other information 
you provide us (collectively, "Submissions") will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy,
by transmitting or posting any Submission, you hereby grant us full 
ownership of the Submission as if we had created, developed and posted 
the Submission for our own purposes. We reserve the right to copy, use, 
reproduce, modify, adapt, translate, publish, license, distribute, sell 
or assign the Submission in any way as we see fit, including but not 
limited to copying in whole or in part, creating derivative works from, 
distributing and displaying any Submission in any form, media, or 
technology, whether now known or hereafter developed, alone or as part 
of other works, or using the Submission within or in connection with our
products or services. You also acknowledge that your Submission will 
not be returned and we may use your Submission, and any ideas, concepts 
or know how contained therein, without payment of money or any other 
form of consideration, for any purpose including, without limitation, 
developing, manufacturing, distributing and marketing products.

If you make a Submission, you represent and warrant that you own or 
otherwise control the rights to your Submission. You further represent 
and warrant that such Submission does not constitute or contain software
viruses, commercial solicitation, chain letters, mass mailings, or any 
form of "spam." You may not use a false email address, impersonate any 
person or entity, or otherwise mislead us as to the origin of any 
Submission. You agree to indemnify us for all claims arising from or in 
connection with any claims to any rights in any Submission or any 
damages arising from any Submission.

12. User Content

When you transmit, upload, post, e-mail or otherwise make available 
data, text, software, music, sound, photographs, graphics, images, 
videos, messages or other materials ("User Content") on the Site, you are entirely responsible for such User Content. Such User Content constitutes a Submission under Section 11
above.  This means that all third parties, and not we, are entirely 
responsible for all User Content that they post to the Site.  You agree 
not to engage in or assist or encourage others to engage in 
transmitting, uploading, posting, e-mailing or otherwise making 
available on the Site User Content that (a) is unlawful, harmful, 
threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, 
pornographic, libelous, invasive of another's privacy, hateful, or 
racially, ethnically or otherwise objectionable; (b) you do not have a 
right to make available under any law or under contractual or fiduciary 
relationships; (c) is known by you to be  false, inaccurate or 
misleading; (d) you were compensated for or granted any consideration by
any third party; or (e) infringes any patent, trademark, trade secret, 
copyright or other proprietary rights of any party.  In addition, you 
agree not to transmit, upload, post, e-mail, or otherwise make available
any software viruses, unsolicited or unauthorized advertising, 
solicitation or promotional material, including chain letters, mass 
mailings, or any form of "spam."  You further agree not to (i) 
impersonate any person or entity, or falsely state or otherwise 
misrepresent your affiliation with any person or entity; (ii) "stalk" or
otherwise harass including advocating harassment of another, entrap or 
harm any third party including harming minors in any way; (iii) forge 
headers or otherwise manipulate identifiers in order to disguise the 
origin of any User Content; (iv) intentionally or unintentionally 
violate any applicable local, state, national or international law; or 
(v) collect or store personally identifiable data about other users.

We do not endorse or control the User Content transmitted or posted on 
the Site and therefore, we do not guarantee the accuracy, integrity or 
quality of User Content. You understand that by using the Site, you may 
be exposed to User Content that is offensive, indecent or objectionable 
to you. Under no circumstances will we be liable in any way for any User
Content, including, without limitation, for any errors or omissions in 
any User Content, or for any loss or damage of any kind incurred by you 
as a result of the use of any User Content transmitted, uploaded, 
posted, e-mailed or otherwise made available via the Site.

You acknowledge that we have the right (but not the obligation) in our 
sole discretion to refuse to post or remove any User Content and we 
reserve the right to change, condense, or delete any User Content. 
 Without limiting the generality of the foregoing or any other provision
of these Terms and Conditions, we have the right to remove any User 
Content that violates these Terms and Conditions or is otherwise 
objectionable and we reserve the right to refuse service and/or 
terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.


14. Copyright Complaints

We respect the intellectual property of others. If you believe that a 
work has been copied on the Site in a way that constitutes copyright 
infringement, please click here.

15. Representations and Warranties; Limitation of Liability

THE SITE IS PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE 
TERMS AND CONDITIONS OR THE SITE, INCLUDING BUT NOT LIMITED TO 
WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A 
PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND 
WARRANTIES ARE NOT LEGALLY EXCLUDABLE.

YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE 
WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING 
NEGLIGENCE) OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY (a) 
INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO 
THE SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR
OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A 
RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE 
SITE; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY 
OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING 
HYPERLINK TO OR FROM THIRD PARTY WEBSITES (f) ANY INACCURACIES OR 
OMISSIONS IN CONTENT OR (g) EVENTS BEYOND OUR REASONABLE CONTROL.

FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE 
FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL 
DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE OR YOUR
USE THEREOF REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT 
(INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE
LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).

YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, THE 
USE OF THE SITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE
THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR 
ACTION AROSE.

16. Indemnification

You agree to defend, indemnify and hold us harmless for any loss, 
damages or costs, including reasonable attorneys' fees, resulting from 
any third party claim, action, or demand resulting from your use of the 
Site or breach of these Terms and Conditions. You also agree to 
indemnify us for any loss, damages, or costs, including reasonable 
attorneys' fees, resulting from your use of software robots, spiders, 
crawlers, or similar data gathering and extraction tools, or any other 
action you take that imposes an unreasonable burden or load on our 
infrastructure.

17. Disputes

With respect to any dispute regarding the Site, all rights and 
obligations and all actions contemplated by these Terms and Conditions 
shall be governed by the laws of California, as if the Terms and 
Conditions were a contract wholly entered into and wholly performed 
within California. Any dispute relating in any way to your visit to the 
Site shall be submitted to confidential arbitration in California and you 
submit to the jurisdiction and proceedings thereof, except that, to the 
extent you have in any manner violated or threatened to violate our 
intellectual property rights or the intellectual property rights of our 
affiliates, partners or licensors or otherwise have a cause of action in
equity, we may seek injunctive or other appropriate relief in any court
of competent jurisdiction and you consent to jurisdiction and venue in 
any such court for such purposes. Arbitration under this agreement shall
be conducted under the Consumer-Related Disputes Supplementary Rules 
then prevailing with the American Arbitration Association. The 
arbitrator's award shall be binding and may be entered as a judgment in 
any court of competent jurisdiction. To the fullest extent permitted by 
applicable law, no arbitration under these Terms and Conditions shall be
joined to an arbitration involving any other party subject to this 
Terms and Conditions, whether through class arbitration proceedings or 
otherwise.

18. Consent to Receive Notices Electronically by Posting on the Site and Via Email

You consent to receive any agreements, notices, disclosures and other communications (collectively, "Notices")
to which these Terms and Conditions refer from us electronically 
including without limitation by e-mail or by posting notices on this 
Site.  You agree that all Notices that we provide to you electronically 
satisfy any legal requirement that such communications be in writing. To
withdraw your consent to receive Notices electronically, you must 
notify us of your withdrawal of such consent by emailing us at cs@zinkcolor.com
please include hyperlink and discontinue your use of this Site. In such
event, all rights granted to you pursuant to these Terms and 
Conditions, including but not limited to the limited licenses set forth 
in Section 6
hereof, shall automatically terminate. Unfortunately, we cannot provide
the benefits of this Site to any user that cannot consent to receipt of
Notices electronically.

Please note that this consent to receive Notices is entirely separate 
from any election you may make with respect to receipt of marketing 
communications. Your options with respect to receipt of marketing 
communications are set forth in our Privacy Policy.

19. General

You acknowledge and agree that these Terms and Conditions constitute 
the complete and exclusive agreement between us concerning your use of 
the Site, and supersede and govern all prior proposals, agreements, or 
other communications.

We reserve the right, in our sole discretion, to change these Terms and
Conditions at any time by posting the changes on the Site and providing
notice of such change. Any changes are effective immediately upon 
posting to the Site and release of notice of such change. Your continued
use of the Site thereafter constitutes your agreement to all such 
changed Terms and Conditions. We may, with or without prior notice, 
terminate any of the rights granted by these Terms and Conditions. You 
shall comply immediately with any termination or other notice, 
including, as applicable, by ceasing all use of the Site.

Nothing contained in these Terms and Conditions shall be construed as 
creating any agency, partnership, or other form of joint enterprise 
between us. Our failure to require your performance of any provision 
hereof shall not affect our full right to require such performance at 
any time thereafter, nor shall our waiver of a breach of any provision 
hereof be taken or held to be a waiver of the provision itself. In the 
event that any provision of these Terms and Conditions shall be 
unenforceable or invalid under any applicable law or be so held by any 
applicable arbitral award or court decision, such unenforceability or 
invalidity shall not render these Terms and Conditions unenforceable or 
invalid as a whole but these Terms and Conditions shall be modified, to 
the extent possible, by the adjudicating entity to most fully reflect 
the original intent of the parties as reflected in the original 
provision.

Copyright © Zink Color Inc. All worldwide rights reserved

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