Color in Gaming provides the Color in Gaming Services (defined below) to you subject to the following Terms of Service ("TOS"). By accessing and using the Color in Gaming Services, you accept and agree to be bound by the terms and provision of the TOS. We may amend the TOS at any time by posting a revised version on our website. The revised version will be effective at the time we post it.
Color in Gaming provides a broad set of online tools and resources that help sports leagues, tournament directors, parks & recreation departments, and other activities providers publish available leagues, tournaments, and events online, and to then accept registration and payment from Participants for those activities. Color in Gaming also provides tools to supplement activities such as online content publishing, photo uploads, and community areas. In addition, Color in Gaming enables Participants in these activities to communicate, share information, photos, and content. Unless explicitly stated otherwise, any new features that augment or enhance this current set of services and tools (the "Color in Gaming Services", the “Service”), including the release of new Color in Gaming properties, shall be subject to the TOS.
In order to use Color in Gaming Services, you will have at least one of the following account types:
1. Participant / Player (“PARTICIPANT”)
is any player, coach, team organizer, parent, legal guardian, or other person that interacts with the Color in Gaming Services in order to register a team, a group, or as an Individual for activities offered by a PROVIDER via the Color in Gaming Services.
2.Activities Provider (“PROVIDER”)
is an organization using Color in Gaming Services to offer leagues, tournaments, events, parties, sports sessions, or other participatory activities. PROVIDERS are bound by the TOS, as well as the Color in Gaming Activities PROVIDER Agreement.
Color in Gaming is only an Online Service Provider. Color in Gaming is an independent contractor for all purposes. Color in Gaming does not have control of, or liability for, the products, services, or activites that are published, offered, and organized with our Service, nor for the results of participation in the events or activities offered by the PROVIDERS using our Service. We do not guarantee the identity of any PROVIDER or PARTICIPANT or ensure that a PROVIDER or PARTICIPANT will complete a transaction.
By using our Service you recognize that as a third party, Color in Gaming is not responsible for the quality or safety of activities and services offered by the PROVIDER, and you release Color in Gaming from any and all claims for injuries, death, damage, or loss of any kind which you may have or which you may accrue from your participation, or the participation of a child for which you are the parent or legal guardian, in the activities offered by the activities PROVIDER.
Protecting your privacy is very important to Color in Gaming. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your Information. If you receive Information about another Color in Gaming User through our Service, you must keep the Information confidential and only use it in connection with Color in Gaming Services .Whether you are a PROVIDER or a PARTICIPANT, you may not disclose or distribute a Color in Gaming User's Information to a third party or use the Information for marketing purposes unless you receive the User's express consent to do so.
"Color in Gaming", "Color in Gaming.com", and all logos, related to the Service, are either trademarks or registered trademarks of Color in Gaming or its licensors. You may not copy, imitate or use them without Color in Gaming's prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Color in Gaming. All right, title and interest in and to the Color in Gaming website, any content thereon, the Service, the technology related to the Color in Gaming Services, and any and all technology and any content created or derived from any of the foregoing, is the exclusive property of Color in Gaming.
You own all of the content and information you post on Color in Gaming. In addition:
1. For content that is covered by intellectual property rights, like comments, posts, photos, and videos ("IP content"), you(both PROVIDERS and PARTICIPANTS) specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Color in Gaming ("IP License").
2. This IP License ends one year after you delete your IP content or your account.
3. We always appreciate your feedback or other suggestions about Color in Gaming, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
We do our best to keep Color in Gaming safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
1. You will not send or otherwise post unauthorized commercial communications (such as spam) on Color in Gaming.
2. You will not collect users' content or information, or otherwise access Color in Gaming, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
3. You will not attempt a malicious attack on, or attempt to hack, Color in Gaming, or use automated means to do so.
4. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Color in Gaming.
5. You will not upload viruses or other malicious code.
6. You will not solicit login information or access an account belonging to someone else, or obtain other users’ private information through Color in Gaming.
7. You will not bully, intimidate, or harass any user
8. You will not post content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence.
9. You will not use Color in Gaming to do anything unlawful, misleading, malicious, or discriminatory.
10. You will not do anything that could disable, overburden, or impair the proper working of Color in Gaming, such as a denial of service attack.
11. You will not attempt to access data or services on Color in Gaming’s servers in any way that is not clearly intended, as indicated by Color in Gaming’s web interface, published documents, or correspondence. Sending data to or requesting data from Color in Gaming’s servers by any means other than through a standard web browser, published API, or sanctioned application is a violation of the TOS, and may also be illegal.
12. You will not facilitate or encourage any violations of the TOS.
We respect other people's rights, and expect you to do the same.
1. You will not post content or take any action on Color in Gaming that infringes or violates our terms, someone else's rights, or otherwise violates the law. We may remove any content that we believe violates these terms.
2.You will not post anyone's identification documents or sensitive financial information on Color in Gaming.
3. Under the Digital Millennium Copyright Act, copyright holders may contact Color in Gaming's agent to report cases of copyright infringement. In such cases, we will act swiftly to remove the offending content. Our DMCA agent can be contacted via email @: coloringaming@gmail.com
If a complaint is made directly to you as a PROVIDER or PARTICIPANT, you will contact us and/or provide this info to the complainant.
4. If we remove your content following a copyright complaint or other violation, and you believe were moved it by mistake, you can contact us to appeal our decision.
5. If you repeatedly infringe intellectual property rights or otherwise violate our terms, your account will be terminated.
Activities PROVIDERS have the right to (and are expected to) moderate their PARTICIPANTS’ activity and uploaded content within the PROVIDER’s sub-site of the Color in Gaming platform. This includes, but is not limited to, forums, team names, team icons, logos, and photos uploaded by PARTICIPANTS.
1. Based on their subjective judgment a PROVIDER may see fit to remove content posted by aparticipant that it finds offensive, unlawful, or that it finds malicious or disrespectful to the PROVIDERS by-laws, rules, etc, or request that a PARTICIPANT submit and edited version of the offending content, as necessary.
2. A PROVIDER may disable a PARTICIPANT’s account if it deems necessary for any reason.
Here are some commitments you make to us relating to registering and maintaining the security of your account:
1. You will not provide any false personal information on Color in Gaming, or create an account for any one other than yourself without permission.
2. You will not use your personal profile for your own commercial gain.
3. You will not use Color in Gaming if you are a convicted sex offender.
4. You will keep your contact information accurate and up-to-date.
5. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
6. You will not transfer your account to anyone without first getting our written permission. If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
If you make a payment via Color in Gaming as a PARTICIPANT, you agree to our Payment Terms. PROVIDERS receiving payment via Color in Gaming are subject to the PROVIDER Service Agreement.
Color in Gaming integrates a number of third party applications and services in order to provide a better Platform for users. By agreeing to this TOS, you also acknowledge any and all Terms of Service, Agreements, or other applicable documents offered by third parties whose applications are integrated with our Service and that your interaction requires or accesses. While Co lor in Gaming only integrates trusted third party components and services, you recognize that you use these additional components and services at your own risk. Color in Gaming provides these services without any express or implied warranties, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
If you violate the letter or spirit of the TOS, or otherwise create possible legal exposure for us, we can stop providing all or part of Color in Gaming to you. We will notify you by email or at the next time you attempt to access your account
1. If anyone brings a claim against us related to your actions, content or information on Color in Gaming, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
2. WE TRY TO KEEP COLOR INGAMING UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE AREPROVIDING COLOR IN GAMING "AS IS" WITHOUT ANY EXPRESS OR IMPLIEDWARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DONOT GUARANTEE THAT COLOR IN GAMING WILL BE SAFE OR SECURE. COLOR IN GAMING ISNOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRDPARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTSFROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAYCONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE ACALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "AGENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW ORSUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IFKNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THEDEBTOR." WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHERCONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR INCONNECTION WITH THIS STATEMENT OR COLOR IN GAMING, EVEN IF WE HAVE BEEN ADVISEDOF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THISSTATEMENT OR COLOR IN GAMING WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAWMAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL ORCONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TOYOU. IN SUCH CASES, COLOR IN GAMING'S LIABILITY WILL BE LIMITED TO THE FULLESTEXTENT PERMITTED BY APPLICABLE LAW.
1. By "Color in Gaming "we mean the features and Service we make available, including through (a) our website at www.coloringaming.com and any other Color in Gaming branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; and (c) other media, software (such as a toolbar), devices, or networks now existing or later developed.
2. By "us, ""we" and "our" we mean Color in Gaming, LLC.
3. By "Platform "we mean a set of APIs and Service that enable applications, developers, operators or Service, including RSS feeds, to retrieve data from Color in Gaming or provide data to us.
4. By "information" we mean facts and other information about you, including actions you take.
5. By "content" we mean anything you post on Color in Gaming that would not be included in the definition of "information."
6. By "data" we mean content and information that third parties can retrieve from Color in Gaming or provide to Color in Gaming through the Platform.
7. By "post" we mean post on Color in Gaming or otherwise make available to us.
8. By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
9. By "active registered user" we mean a user who has logged into Color in Gaming at least once in the previous 30 days.
10. By "application" we mean any application or website that uses or accesses the Platform, as well as anything else that receives data.
11. By “Participant” or “PARTICIPANT” we mean any player, coach, team organizer, parent, legal guardian, or other person that interacts with the Color in Gaming Services in order to register a team, a group, or as an Individual for activities offered by a PROVIDER via the Color in Gaming Services.12. By “Provider”, “Activities Provider,” or “PROVIDER” we mean an organization using Color in Gaming Services to offer leagues, tournaments, events, parties, sports sessions, or other participatory activities, and to accept registration for those activities.
1. The TOS makes up the entire agreement between the parties regarding Color in Gaming, and supersedes any prior agreements.
2. If any portion of theTOS is found to be unenforceable, the remaining portion will remain in full force and effect.
3. If we fail to enforce any of the TOS, it will not be considered a waiver.
4. Any amendment to orwaiver of the TOS must be made in writing and signed by us.
5. You will not transfer any of your rights or obligations under the TOS to anyone else without our consent.