Terms Of Use

Last Modification Date: March 14, 2021

Thank you for your interest in, and for taking the time to visit our website, www.dejhabcoloring.com. The purpose of this website is to include helpful information related to Online retail for coloring books and pencils.

This web page contains the Terms and Conditions (also referred to as the “Terms of Use” “Terms of Service” or just “Terms”) that govern your use of the Site. If you do not wish to abide by these Terms, then you may click away at any time. Your continued use and enjoyment of the information and resources of this Site indicates that you consent to these Terms and Conditions.

You should be aware that this Site is owned and operated by Dejha B Coloring LLC, LLC, a Limited Liability Company.

IMPORTANT – PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND MAKE SURE YOU UNDERSTAND THIS AGREEMENT BEFORE ACCESSING, USING, SUBSCRIBING OR PLACING AN ORDER ON WWW.DEJHABCOLORING.COM. THIS AGREEMENT CONTAINS A DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITIES.  THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. YOU MAY NOT USE OR ACCESS OUR SITE IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

 
Your Private Information.
Your continued use of this Website indicates that you have read and approved of the way we collect and store your private information as stated in our privacy policy, which is incorporated into this agreement by reference. A link to our full privacy policy can be found at the bottom of any page on the Website.
 
General Disclaimer.
The content on this website is provided for informational purposes only. Although we have made every effort to ensure the accuracy of all information posted to this Website, we can make no guarantees as to how the information and advice provided herein will affect you and your personal situation. If you need or require individual advice or guidance, then you should consult with a professional who can assist you.
 
Permitted Uses.
This site is intended for your personal, non-commercial use only. You may download or print out the information in this site, subject to restrictions outlined below and elsewhere provided for in these Terms and Conditions.
Impermissible Uses. If you would like to do any of the following with any content on our Site, you must have our express written consent:
  • Use our content for any and all commercial purposes, including selling or licensing printed or digital versions of our content, including posts, articles, videos, podcasts, etc.
  • Create a “derivative work” as defined by the United States Copyright Act.
  • Reproduction or duplication of any content on the Website for commercial purposes;
  • Modification of any content on this website, unless said content is specifically and expressly made available for modification;
  • Redistribution of content of the Website, unless content is specifically and expressly made available for redistribution;
  • From time to time, we may utilize various plugins, widgets, or other software that will allow sharing of content via social media, email or other methods. Use of these tools does not constitute any waiver of our intellectual property rights. Use of these tools is a limited license to republish the content of our website on approved social media channels, so long as you do not alter the content, including images, and give full credit to Dejha B Coloring LLC;
  • You shall not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction or data harvesting on or in relation to the Website without our express written permission;
  • You shall not use the Website to transmit or send any unsolicited commercial communications;
  • You must not use the Website for any third-party marketing without our express written permission or consent;
  • Although we would like to, we do not permit the re-posting of our posts or articles in their entirety. This is because Google and other search engines may penalize our website for publishing duplicative content. Google often can’t tell which site hosts the original, so we risk getting penalized if we grant this permission;
  • Finally, we cannot allow the translation and/or publication of our work in a language other than English.

Copyright.

The design, content, images, and all other components of the Site are copyrights owned by Dejha B Coloring LLC or other third parties. Accordingly, they are protected by the United States and international copyright laws. You may not use or republish any information, content, images or other related data from this website without our express written permission.

 

Trademarks.

Dejha B Coloring LLC is a registered trademark of Dejha B Coloring LLC and is therefore protected by United States trademark law. By accessing this Site, you agree to abide by and respect the Dejha B Coloring LLC’s trademarks, service marks, and/or trade dress (our collective “intellectual property”), further agree that you will be solely responsible for any violations of any relevant laws or infringement of intellectual property rights should you violate those laws. You agree not to use our intellectual property in connection with any product or service that is not an official Dejha B Coloring LLC product, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits Dejha B Coloring LLC.

 

User generated content and Related Rules.

By using and posting to our Site, you grant us a license to use the materials you post. This means that when you submit or post text, blog posts, comments, articles, drawings, photographs, videos, graphics, or other information, in any form or medium, to our Site (“User Generated Content”), you are granting our Company and its affiliates, officers, directors, employees, consultants, agents, and representatives a perpetual, irrevocable, and fully-paid license to use, display, or publish the User Generated Content on the Website or any other online or offline platform, to store and distribute the User Generated Content, and to use said content for promotional and marketing purposes as we, in our sole discretion, should choose. We reserve the right to edit, modify, or create derivative works from the User Generated Content. You shall have no rights to said content. Under no circumstances will you be compensated for any User Generated Content. You agree that we may publish or otherwise disclose your name in connection with your User Generated Content. By posting User Generated Content on our Site, you warrant and represent that you own the rights to the User Generated Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Generated Content.

All User Generated Content is the sole responsibility of the person who provided it. We reserve the right to, in our sole discretion, remove, move, block, edit, or refuse any User Generated Content for any reason. Opinions or other statements expressed in User Generated Content are not necessarily the opinions of our Company or Brand.

 

THE COMPANY IS NOT RESPONSIBLE FOR USER GENERATED CONTENT
You agree and understand that you may be held legally responsible for damages suffered by other Website Users or third-parties as the result of your remarks, information, feedback or other content posted or made available on the Site that is deemed defamatory or otherwise legally actionable. Under the Federal Communications Decency Act of 1996, the Company is not legally responsible for, nor can it be held liable for damages of any kind arising out of or in connection to any defamatory or otherwise legally actionable remarks, information, feedback or other content posted or made available on the Site.
 
Communication.
If you send us an email, respond to one of our emails, register to use our Site, or otherwise provide your email address to the Company in any other way, you consent to receive email communication from us. Notwithstanding the same, you may opt out of these communications as described more fully in our privacy policy. You agree that all legal notices sent electronically satisfy our legal burden or requirement to provide written notice.
 
Third Party Links.
This website contains a number of links to third party vendors, resources, and information. You understand and agree that the websites that these links direct you to are, unless otherwise noted, not owned, operated, or controlled by the Company. You represent and warrant that you have read and agreed to the privacy policies, legal disclaimers and terms of use for each of these websites. We assume no control or liability over the content contained or business practices of any third-party websites that are linked to in the Site. You expressly hold the Company and its owners, affiliates, vendors, employees, and contractors harmless from any and all liability related to your use of any third-party related websites.
 
Copyright Infringement.
In order to protect our Users from possible copyright infringement, we have put in place certain legally mandated procedures to manage alleged violations of copyright laws that may occur on our Site. Please visit our DMCA Policy link which can be found at the bottom of each page on the site to view and read more about our Digital Millennium Copyright Act (“DMCA”) takedown policies and make an infringement claim. Our DMCA policy is expressly incorporated into this Terms of Use by reference.
 
Limitation of Liability.
IN NO EVENT SHALL THE COMPANY, OUR MEMBERS, DIRECTORS, OFFICERS, MANAGERS, PARTNERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, THIRD PARTY LICENSORS, AFFILIATES, SUCCESSORS OR ASSIGNS (COLLECTIVELY, THE “WEBSITE PARTIES”) BE LIABLE TO YOU FOR YOUR ACCESSING THIS SITE. THE WEBSITE PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, RELIANCE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, LOSS OF EXPECTED SAVINGS, OR ANY OTHER NON-DIRECT DAMAGES HOWSOEVER CAUSED, WHETHER OR NOT THE COMPANY OR ANY OF THE WEBSITE PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE WEBSITE PARTIES COLLECTIVE MAXIMUM LIABILITY TO YOU UNDER OR RELATED TO THIS AGREEMENT SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY YOU FOR USE OF THE WEBSITE.
 
THE LIMITATIONS OF LIABILITY AND DISCLAIMERS IN THIS AGREEMENT SHALL APPLY REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER TORT AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF CONTRACT OR THE FAILURE OF AN EXCLUSIVE REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE WEBSITE PARTIES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
 
No Warranties.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND MAKES THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR RELATED SERVICES. THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW. FURTHERMORE, COMPANY DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
 
Indemnification Clause.
You agree to defend, indemnify and hold the Company and our members, managers, directors, officers, partners, shareholders, employees, representatives, contractors, affiliates, successors or assigns harmless from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees (including reasonable attorney’s fees and costs), alleging or resulting from your access to or use of the Site, your violation of these Terms of Use, or your infringement or infringement by any other user of your account, of any intellectual property or other right of any person or entity. We will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
 
Arbitration.
Any controversy or claim arising out of or relating to this Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules  and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
 
Claims shall be heard by a single arbitrator. The place of arbitration shall be Bronx, New York. The arbitration will be based on the submission of documents and there shall be no in-person or oral hearing. The arbitrators will have no authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. The arbitrator(s) shall not award consequential damages in any arbitration initiated under this section. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount.
 
The arbitrator(s) may award to the prevailing party, if any, as determined by the arbitrators, all of their costs and fees.  “Costs and fees” mean all reasonable pre-award expenses of the arbitration, including the arbitrators’ fees, administrative fees, travel expenses, out-of-pocket expenses such as copying and telephone, court costs, witness fees, and attorneys’ fees. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
 
Severability; Waiver.
If any term of this Agreement is to any extent invalid, illegal, or incapable of being enforced, such term shall be excluded to the extent of such invalidity, illegality, or unenforceability; all other terms hereof shall remain in full force and effect.
No License. Nothing contained in this Terms of Use shall be construed as granting or conferring to you, expressly or impliedly, any rights by license or otherwise, under any patent, copyright, trademark, service mark, trade dress, or other intellectual property rights owned or controlled by the Company.
 
Choice of Law/Venue/Governing Law.
This Agreement, and all claims or causes of action (whether in contract, tort or statute) that may be based upon, arise out of or relate to this Terms of Use, or execution or performance of this Terms of Use (including any claim or cause of action based upon, arising out of or related to any representation or warranty made in or in connection with this Terms of Use), shall be governed by, and enforced in accordance with, the internal laws of the State of New York, including its statutes of limitations. You and we hereby submit to the exclusive forum, jurisdiction and venue of the state courts located in Bronx, New York County, New York and/or the United States District Court in New York Eastern Court, New York for any claim related to, arising from or in connection to these Terms of Use.
 
Statute of Limitations.
The User must file any Action arising directly or indirectly from this Terms of Use no later than one (1) year after the claim has accrued. The User waives the right to file an Action arising directly or indirectly from this Terms of Use under any longer statute of limitations.
 
Entire Agreement.
These Terms of Use, our Privacy Policy, and Terms of Sale (if applicable) constitute the sole and entire agreement between you and the Company regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site and your use thereof.
 
Notices.
This website is owned and operated by Dejha B Coloring LLC. If you have a notice of a copyright infringement claim, please follow the procedures listed on our DMCA Takedown page. All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: [email protected] or sent to our mailing address listed below:
 
Dejha B Coloring LLC
90 State Street
Albany, NY.  12207
 
Amendments.
We reserve the right to amend these terms at any time. We encourage you to check this page frequently to review updates and changes. Should a court of competent jurisdiction rule this amendment provision invalid, then this contract shall revert to the previous set of terms applicable to the website. Amendments are forward-looking only.
 
TERMS AND CONDITIONS FOR THE ONLINE SALE OF GOODS AND SERVICES
Welcome to the Dejha B Coloring LLC Online Store, www.dejhabcoloring.com. By purchasing products from Dejha B Coloring LLC you are agreeing to be bound by these terms of sale (the “Terms”) without modification. Please read these Terms carefully before completing your transaction.
 
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
 
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
 

Privacy
Your continued use of the Platform is subject to our Privacy Policy. Please review our Privacy Policy carefully, as the terms of that policy are incorporated into these Terms by reference.

 

Electronic Communications
Sending or receiving electronic mail to or from the Company constitutes electronic communications. By purchasing a Course from the Company, you consent to receiving electronic communications from the Company and any of its employees, representatives, agents, independent contractors, coaches, affiliates or any other person or entity associated with Dejha B Coloring LLC. You further consent and agree that any and all agreements, notices, disclosures, and other related communications that we may provide to you electronically or via the Site will satisfy any legal requirement that such communications be in writing.

 

Your Account
By using and accessing this Platform, you understand and agree that you alone are responsible for maintaining the confidentiality of your account, your username and your password, and for restricting access to your computer while you are logged into the Platform. You further agree not to provide or share your login information to any other person or entity to use or access the Platform. You agree to accept sole responsibility for any copying, dissemination, or plagiarism of the content of this course that ultimately originates from your user account, whether by your fault or as a result of the theft or misappropriation of your account. You shall not share, assign, sell or otherwise transfer your account to any other person or entity. The Company reserves the right to terminate your account, refuse or cancel your services, or remove or edit the content available to you in the event that we determine you have the requirements of this section.

 

Prices and Payment Terms
All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling (if applicable). All such taxes and charges will be added to your order total and will be itemized in your shopping cart and in your order confirmation email.
We accept all major credit cards for all purchases. Credit card transactions are run through a third-party payment processor. You represent and warrant that (i) the credit card information you supply is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
 

Payment Plans

From time to time, we may offer payment plans for various products and services. If you have selected to make payments under a payment plan, you understand and agree to the following additional terms and conditions:

  1. You agree to maintain a valid credit card on file with our credit card processor for the entire term of the payment plan. You understand that it is your responsibility to notify us
  2. Payments under the payment plan will be payable as outlined in the payment terms you agreed to when you made your initial payment;
  3. You understand that payments will continue until your account is paid in full;
  4. I understand that any charges that are declined or otherwise returned for insufficient funds will immediately cause my online account to become delinquent, may result in immediate suspension of my online account, and may result in a referral to a collection agency;
  5. I further understand and agree that if I do not follow through with my payment plan as outlined above, and/or if any installment is delinquent beyond ten (10) days, than my account, at the sole option of Dejha B Coloring LLC, may be declared immediately due and payable in full. You furthermore promise to pay all attorney’s fees and other reasonable costs of collection required to collect any amount no paid when due. I understand that if my account is referred to a collection agency, the collection fee is ordinarily thirty-three and one-third percent (33 1/3%) of the total outstanding balance due, for which I will be responsible in addition to the principal debt that is due and payable.

FAILURE TO MAKE ANY PAYMENT DUE UNDER A PAYMENT PLAN MAY RESULT IN IMMEDIATE TERMINATION OF YOUR ACCESS TO THE PLATFORM.

 

Cancellation and Refund Policy
Because some of our products are downloadable and can be used immediately once you have purchased the course they are associated with, there are no refunds. If you have questions or want to make sure a particular course or template is right for your business, please contact us before you purchase.

 

Links to Third-Party Sites

Within our website, we may from time to time provide links to other websites, videos and/or resources (“third-party sites”). You should be aware that the Company does not control these sites and is not responsible for any of the content contained in any third-party site, including, without limit, any links contained in the third-party sites, or any updates or changes to the third-party sites. The Company provides these links to assist you, provide context to our products, or as a convenience to you. Unless otherwise indicated, the fact that the Company has included a link to any particular third-party site or service does not imply that the Company has endorsed any particular individual or company or has a business association with that particular website.

 

Third-Party Services
Certain products, services and functionality made available via the Platform are provided by third party websites and vendors. By using the Platform, you acknowledge and consent that the Company may share your personal information and data with any third party with whom the Company has a contractual relationship to provide the requested product, service or functionality on behalf of the users and customers of Dejha B Coloring LLC.

No unlawful or prohibited use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the Platform strictly in accordance with these terms of sale. As a condition of your continued use of the Platform, you warrant to the Company that you will not use the Platform for any purpose that is unlawful or otherwise prohibited by these Terms of Sale. You may not use the Platform in any manner which could damage, disable, overburden, or impair the Platform or interfere with any other party’s use and enjoyment of the Platform. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included within the Platform, including but not limited to videos, text, pdf’s, graphics, graphics, images, and any compilation thereof, as well as any software used on or within the Site, (the “content”) is the property of the Dejha B Coloring LLC or certain third party contractors, and is protected by United States Copyright, Trademark, Patent and other related laws that protect intellectual property and related rights. You agree to observe and abide by all copyright and other related notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, transfer or sell, create derivative works, or in any way exploit or steal any of the content, in whole or in part, found on the Platform. The content contained within the Platform is not for resale. Your use of the Platform does not entitle you to use the protected content contained herein in a way that is unauthorized by these terms or applicable law. In particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that by using the Platform or purchasing this course, you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Dejha B Coloring LLC or our licensors except as expressly authorized by these Terms.

 

Permitted Uses
Notwithstanding the same, you are permitted to use the materials purchased for your own personal and/or business use only. You are not permitted to sell, transfer, copy, create derivative products, or use the products in any way that is not permitted by law. If we discover that you are using the products in a way that is not consistent with this contract, we reserve the right to discontinue your use of the Service.

 

Use of communication services
Furthermore, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents and permissions; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; or violate any applicable laws or regulations.

 

The Company has no obligation to monitor the Communication Services. However, the Company reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion, regardless of whether the materials violate these terms. The Company further reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever, legal or otherwise.

 

The Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, subpoena, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Company’s sole discretion.

 

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. The Company does not control or endorse the content, messages or information found in any Communication Service and, therefore, the Company specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. To the extent certain individuals volunteer for administrative roles within a certain Communication Service, managers and hosts are not authorized Dejha B Coloring LLC spokespersons, and their views do not necessarily reflect those of the Company.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

 

Materials provided to the Platform or posted on any Company web page
The Company does not claim ownership of the materials you provide to the Platform or www.dejhabcoloring.com (including feedback, reviews, and suggestions) or post, upload, input or submit to any Company Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting the Company, our affiliated companies and necessary sublicensees and contractors, permission to use your Submission in connection with the operation of their internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. The Company is under no obligation, legal or otherwise, to post or use any Submission you may provide and may remove any Submission at any time in the Company’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the legal and intellectual property rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

 

Third-Party Accounts
From time to time, you may be able to connect your Platform account to certain third-party accounts. By connecting your Platform account to a third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third-party sites). If you do not want information about you to be shared in this manner, do not use this feature.

 

International Users
The Service is controlled, operated and administered by the Company from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws in your jurisdiction. You agree that you will not use the Platform content in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

 

Force Majeure
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

 

Indemnification
You agree to indemnify, defend and hold harmless the Company, its officers, directors, members, managers, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Dejha B Coloring LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.

 

Liability disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
THE COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, TEMPLATES, CHECKLISTS, SERVICES AND RELATED CONTENT CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, TEMPLATES, CHECKLISTS, SERVICES AND RELATED CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE COMPANY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, TEMPLATES, CHECKLISTS, SERVICES AND RELATED CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

 

Termination/access restriction
The Company reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.

 

Dispute Resolution and Arbitration
YOU AND DEJHA B COLORING LLC ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

Any controversy or claim arising out of or relating to this Terms of Sale, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Claims shall be heard by a single arbitrator. The place of arbitration shall be Albany, NY, or the largest metropolitan area within close geographic proximity to Albany as selected by the Company. The arbitration will be based on the submission of documents and there shall be no in-person or oral hearing. The arbitrators will have no authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. The arbitrator(s) shall not award consequential damages in any arbitration initiated under this section. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. The arbitrator(s) may award to the prevailing party, if any, as determined by the arbitrators, all of their costs and fees. “Costs and fees” mean all reasonable pre-award expenses of the arbitration, including the arbitrators’ fees, administrative fees, travel expenses, out-of-pocket expenses such as copying and telephone, court costs, witness fees, and attorneys’ fees. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.

 

Governing Law
To the maximum extent permitted by law, this agreement is governed by the laws of the State of NY and you hereby consent to the exclusive jurisdiction and venue of courts in Albany County, NY in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

 

No Joint Venture
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or use of the Site. The Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Company’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by the Company with respect to such use.

 

Severability
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

 

Entire Agreement
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and the Company with respect to the Platform and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to the Platform. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

 

No Waiver
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of any future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of the Company.

 

Changes to Terms
The Company reserves the right, in its sole discretion, to change the Terms of Sale under which the Platform is offered. The most current version of the Terms of Sale will supersede all previous versions. The Company encourages you to periodically review the Terms of Sale to stay informed of our updates.

 

Notice
We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
To give us notice under these Terms, you must contact us as follows: by personal delivery, overnight courier or registered or certified mail to the address listed below. We may update the address for notices to us by posting a notice on the Site.

 

Legal Disclaimers

The disclaimers included in this document are not all inclusive. Use these disclaimers at your own risk. These disclaimers are general and nature and may not apply to every business and situation. If you have questions about how, when and where you should use these disclaimers, you should consult with an attorney of your choosing. By using these disclaimers, you acknowledge that no attorney-client relationship is formed between Hawthorn Law and Dejha B Coloring LLC and that Hawthorn Law is in no way responsible for any damages that may result as a result of your use of these disclaimers.

All disclaimers are protected by United States Copyright Laws and are owned and copyrighted by The Hart Law Firm, P.A. d/b/a Hawthorn Law. © 2020 The Hart Law Firm, P.A. All rights are reserved.

 

General Disclaimer.

The content on this website is provided for informational purposes only. Although we have made every effort to ensure the accuracy of all information posted to this Website, we can make no guarantees as to how the information and advice provided herein will affect you and your personal situation. If you need or require individual advice or guidance, then you should consult with a professional who can assist you. You should not rely on the information in this website as a basis for any legal, tax, medical, business or any other decisions. Any reliance you place on the material in this website in making any such decisions is strictly at your own risk.

 

Educational Purposes Only.

This website is created for educational purposes only and does not provide any professional advice of any kind. Professional advice can only be given with a full understanding of a client’s unique personal situation, and typically can only be given with a license. Accordingly, any recommendations, advice, or information provided on this website should be viewed within the context of general information and education. If you require additional advice or guidance, we recommend you seek out the assistance of a professional in your local area.

 

Affiliate Disclaimer.

Be aware that some of the links contained in our Site are affiliate links. This means that if you click on one of these links and decide to make a purchase, then we will earn a commission as a result of your transaction. We link to these companies and their products because of the quality of their service or products, and not because of the commission we receive from your purchases. The decision of whether or not to make a purchase is yours alone and we will not be held responsible for any issues, problems or damages that arise as a result of your use or purchase of any such products or services.

 

Use of Testimonials.

Throughout the Site are testimonials and reviews from past clients and customers of www.dejhabcoloring.com. These testimonials may be received via text (including email), audio or video submission. They are individual experiences and therefore reflect the real-life experiences of individuals who have used our products and/or services. Your experience on our Site or with our products or services may not be the same as what is described in any particular review, testimonial or endorsement. The reviews and testimonials are only one person’s experience with our Site and should in no way be construed as a guarantee, promise, or reflection of the feelings of every user. Dejha B Coloring LLC cannot and does not guarantee any particular result. The testimonials displayed (whether by text, audio, and/or video) are provided verbatim except for the correction of simple grammatical or typing errors. Some have been shortened as we feel is appropriate, and the entire message provided is not displayed. We only shorten a testimonial when it is lengthy, or if the entire testimonial is not relevant for the general public. We do NOT provide any compensation for testimonials.

 

Copyright Disclaimer.

All the information posted on this website, unless otherwise noted, is owned and copyrighted by Dejha B Coloring LLC. © 2020 Dejha B Coloring LLC. All rights are reserved.

 

Errors and Omissions Disclaimer.

While we have made every effort to ensure that the information and advice given on this website has been obtained from reliable sources, Dejha B Coloring LLC is not responsible for any errors or omissions in our content. All information provided on this Site is “as is” with no express or implied guarantees of completeness, accuracy, timeliness, or of any particular result obtained from the consumption and use of this information. This Site is used without warranty of any kind, express or implied, including but not limited to warranties of performance, merchantability, or fitness for a particular purpose. In no event will Dejha B Coloring LLC, or anyone or any business associated with the Site, be liable to you the reader or anyone else for any decision made or action taken in reliance on the information provided on this Site, or for any consequential, special or similar damages, regardless of whether you have been advised about the possibility of any such damages.

 

Contact Us
The Company welcomes your questions or comments regarding these Terms of Sale:
Dejha B Coloring LLC
90 State Street
Albany, NY 12207
Email Address: [email protected]