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Agreement between User and www.ColorItUp.com

Welcome to www.ColorItUp.com.

The www.ColorItUp.com website (the "Site") is comprised of various web pages operated by ColorItUp.com.  www.ColorItUp.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.ColorItUp.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

www.ColorItUp.com is an E-Commerce Site.

We create and sell coloring and learning products for kids. 

Privacy
Your use of www.ColorItUp.com is subject to ColorItUp.com's Privacy Policy. Please
review our Privacy Policy, which also governs the Site and informs users of our data collection
practices.

Electronic Communications
Visiting www.ColorItUp.com or sending emails to ColorItUp.com constitutes electronic
communications. You consent to receive electronic communications and you agree that all
agreements, notices, disclosures and other communications that we provide to you electronically,
via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and
password and for restricting access to your computer, and you agree to accept responsibility for
all activities that occur under your account or password. You may not assign or otherwise transfer
your account to any other person or entity. You acknowledge that www.ColorItUp.com is not
responsible for third party access to your account that results from theft or misappropriation of
your account. ColorItUp.com and its associates reserve the right to refuse or cancel service,
terminate accounts, or remove or edit content in our sole discretion.

Children Under Thirteen
ColorItUp.com does not knowingly collect, either online or offline, personal information from
persons under the age of thirteen. If you are under 18, you may use www.ColorItUp.com only
with permission of a parent or guardian.

Cancellation/Refund Policy
Unfortunately, because our products are digital downloads, we do not offer refunds. However, if there's an issue with the file you downloaded, please contact our support at support@coloritup.com and we'll be happy to assist you. 

Links to Third Party Sites/Third Party Services
www.ColorItUp.com may contain links to other websites ("Linked Sites"). The Linked Sites
are not under the control of ColorItUp.com and ColorItUp.com is not responsible for
the contents of any Linked Site, including without limitation any link contained in a Linked Site, or
any changes or updates to a Linked Site. ColorItUp.com is providing these links to you only
as a convenience, and the inclusion of any link does not imply endorsement by ColorItUp.com,
Inc. of the site or any association with its operators.

Certain services made available via www.ColorItUp.com are delivered by third party sites and
organizations. By using any product, service or functionality originating from the
www.ColorItUp.com domain, you hereby acknowledge and consent that ColorItUp.com,
Inc. may share such information and data with any third party with whom ColorItUp.com
has a contractual relationship to provide the requested product, service or functionality on behalf of
www.ColorItUp.com users and customers.

Purchased Digital Downloads
Any digital products purchased from ColorItUp.com, Inc is to be used for personal use only. The rights to all images, files, content, and branding are owned by ColorItUp.com, Inc. and are not to be sold, distributed, or used in any commercial way without the express written consent of ColorItUp.com. This includes but is not limited to copying images, using any portion of an image, for any other reason then for personal use. 

No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
www.ColorItUp.com strictly in accordance with these terms of use. As a condition of your use
of the Site, you warrant to ColorItUp.com, Inc. that you will not use the Site for any purpose that
is unlawful or prohibited by these Terms. You may not use the Site in any manner which could
damage, disable, overburden, or impair the Site or interfere with any other party's use and
enjoyment of the Site. 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 as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of ColorItUp.com. or
its suppliers and protected by copyright and other laws that protect intellectual property and
proprietary rights. You agree to observe and abide by all copyright and other proprietary 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, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
ColorItUp.com. content is not for resale. Your use of the Site does not entitle you to make
any unauthorized use of any protected content, and 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 ColorItUp.com. and the copyright owner. You agree that 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 ColorItUp.com. or our licensors except as expressly
authorized by these Terms.

Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities,
personal web pages, calendars, and/or other message or communication facilities designed to
enable you to communicate with the public at large or with a group (collectively, "Communication
Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, 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; 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;
violate any applicable laws or regulations.

ColorItUp.com. has no obligation to monitor the Communication Services. However,
ColorItUp.com reserves the right to review materials posted to a Communication Service
and to remove any materials in its sole discretion. ColorItUp.com reserves the right to
terminate your access to any or all of the Communication Services at any time without notice for
any reason whatsoever.

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

Always use caution when giving out any personally identifying information about yourself or your
children in any Communication Service. ColorItUp.com does not control or endorse the
content, messages or information found in any Communication Service and, therefore, ColorItUp.com specifically disclaims any liability with regard to the Communication Services and any
actions resulting from your participation in any Communication Service. Managers and hosts are
not authorized ColorItUp.com spokespersons, and their views do not necessarily reflect
those of ColorItUp.com.

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 www.ColorItUp.com or Posted on Any ColorItUp.com.

Web Page
ColorItUp.com does not claim ownership of the materials you provide to
www.ColorItUp.com (including feedback and suggestions) or post, upload, input or submit to
any ColorItUp.com Site or our associated services (collectively "Submissions"). However,
by posting, uploading, inputting, providing or submitting your Submission you are granting
ColorItUp.com, our affiliated companies and necessary sublicensees 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.
ColorItUp.com is under no obligation to post or use any Submission you may provide and
may remove any Submission at any time in ColorItUp.com'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 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
You will be able to connect your ColorItUp.com account to third party accounts. By
connecting your ColorItUp.com account to your 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 ColorItUp.com 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. You agree that you will not use the ColorItUp.com
Content accessed through www.creatablevibes.com in any country or in any manner prohibited by
any applicable laws, restrictions or regulations.

Indemnification
You agree to indemnify, defend and hold harmless ColorItUp.com, its officers, directors,
employees, agents and third parties, for any losses, costs, liabilities and expenses (including
reasonable attorney's 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.
ColorItUp.com 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 ColorItUp.com in asserting any available defenses.

Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or
concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or
otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved
only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single
neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration
service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's
award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the
event that any legal or equitable action, proceeding or arbitration arises out of or concerns these
Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable
attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and
Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or
indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree
that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The
entire dispute, including the scope and enforceability of this arbitration provision shall be
determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms
and Conditions.

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. COLORITUP.COM AND/OR ITS SUPPLIERS MAY
MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

COLORITUP.COM AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND
ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.
COLORITUP.COM AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, 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 COLORITUP.COM 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 COLORITUP.COM 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
ColorItUp.com 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. To the maximum extent
permitted by law, this agreement is governed by the laws of the State of Florida and you hereby
consent to the exclusive jurisdiction and venue of courts in Florida 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.

You agree that no joint venture, partnership, employment, or agency relationship exists between
you and ColorItUp.com as a result of this agreement or use of the Site. ColorItUp.com,
Inc.'s performance of this agreement is subject to existing laws and legal process, and nothing
contained in this agreement is in derogation of ColorItUp.com , Inc.'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 ColorItUp.com with respect to such use. 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.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user
and ColorItUp.com with respect to the Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the user and
ColorItUp.com with respect to the Site. 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.

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

Contact Us
ColorItUp.com welcomes your questions or comments regarding the Terms:

ColorItUp.com
9506 Verona Lakes Blvd
Boynton Beach, Florida 33472

Email Address:
support@coloritup.com

Effective as of June, 9 2023