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Reverse Coloring Terms of Service

Terms of Service
Reverse Coloring – Terms of Service
Last Updated: June 2021
A. AGREEMENT:
A. This Terms of Service (“TOS”) is a legal agreement between you and SDR Apps LLC (“Reverse Coloring”, “we”, “us” or “our”) which governs your use of Reverse Coloring Apps. By installing or otherwise using the Reverse Coloring Apps, you: (a) agree to be bound by the terms and conditions of this TOS, (b) you represent and warrant that you own or control the mobile device in which the  Reverse Coloring App will be installed, and (c) you represent and warrant that you have the right, authority and capacity to enter into this TOS and to abide by all its terms and conditions, just as if you had signed it. The terms and conditions of this TOS also apply to any Reverse Coloring App updates, supplements, and services that are not provided under a separate license or other agreement with us. If you do not agree to the terms and conditions of this TOS, do not install, or use any Reverse Coloring’ App. We may amend these terms and conditions from time to time. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means. You acknowledge that an in-app message which notifies you of such changes when you open the Reverse Coloring App shall constitute reasonable means. Your continued use of Reverse Coloring Apps after we post any amendments to this TOS will signify your acceptance of such amendments. If you do not agree with any amendment, you must discontinue using our Apps. Do not use Reverse Coloring Apps until your questions and concerns have been answered in this document to your satisfaction and you agree to abide by the TOS.
NOTICE TO CONSUMERS: Depending on the laws of the jurisdiction where you live, you may have certain rights that cannot be waived through this TOS and that are in addition to the terms of this TOS, and certain provisions of this TOS may be unenforceable as to you. To the extent that any term or condition of this TOS is unenforceable, the remainder of the TOS shall remain in full force and effect.
Use of Reverse Coloring Apps is subject to our Privacy Policy, which is hereby incorporated into this TOS by reference. This TOS also includes any additional payment terms and other requirements set forth on the download or purchase page through which you purchase or download Reverse Coloring Apps. Reverse Coloring Apps may be available through marketplaces that distribute mobile applications and that may have additional terms, conditions, and usage rules that govern your use of Reverse Coloring Apps if you download or install Reverse Coloring Apps through such marketplaces.
B. AGE LIMIT:
B. Under our Terms of Service, you represent that you are at least 13 years of age. However, we do not know the specific age of individual users of our Services. If you are under 13 years of age, please do not provide your personal data (including your name, address, telephone number, or email address) to us or use the Services to make your personal data available to others.
If we discover that we hold personal data relating to a user under 13 years of age, we will take appropriate measures to ensure that we process that data according to the requirements of applicable laws and regulations or promptly delete the data from our records. If you have reason to believe we hold personal data relating to a user under 13 years of age, please contact us.
C. GRANT OF LICENSE:
C. Subject to your compliance with the terms and conditions of this TOS, Reverse Coloring grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license, to access, download and install the most current generally available version of Reverse Coloring Apps on a single, authorized mobile device that you own or control solely for your lawful, personal, and non-commercial entertainment use.
D. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS:
1. Restricted Use. You may not rent, sell, lease, sublicense, distribute, assign, copy (other than a single copy for your own backup purposes), or in any way transfer or grant any rights to Reverse Coloring Apps or use Reverse Coloring Apps for the benefit of any third party. Unless expressly authorized by Reverse Coloring or permitted under the applicable mobile platform terms, you are prohibited from making Reverse Coloring Apps available over a network where it could be downloaded or used by multiple users. You agree that you will not use any robot, spider, other automatic or manual device or process to interfere or attempt to interfere with the proper working of Reverse Coloring Apps, except to remove Reverse Coloring Apps from a mobile device which you own or control. You may not violate or attempt to violate the security of our services. You may not modify, reverse-engineer, decompile, disassemble, or otherwise tamper with any Reverse Coloring Apps, or attempt to do so for any reason or by any means. You may not access, create, or modify the source code of any Reverse Coloring Apps in any way. You do not have the right to and may not create derivative works of any Reverse Coloring Apps or any portions thereof. All modifications or enhancements to Reverse Coloring Apps remain the sole property of Reverse Coloring.
2. App Updates. We reserve the right to add or remove features or functions to existing Reverse Coloring Apps. When installed on your mobile device, Reverse Coloring Apps periodically communicate with our servers. We may require the updating of Reverse Coloring Apps on your mobile device when we release a new version of Reverse Coloring Apps, or when we make new features available. This update may occur automatically or upon prior notice to you and may occur all at once or over multiple sessions. You understand that we may require your review and acceptance of our then-current TOS before you will be permitted to use any subsequent versions of Reverse Coloring Apps. You acknowledge and agree that any obligation we may have to support previous versions of Reverse Coloring Apps may be ended upon the availability of updates, supplements, or subsequent versions of Reverse Coloring Apps. You acknowledge and agree that we have no obligation to make available to you any updates, supplements, or subsequent versions of Reverse Coloring Apps.
3. Access. You must provide at your own expense the equipment, Internet connections, devices, and service plans to access and use Reverse Coloring Apps. If you access a Reverse Coloring App through a mobile network, your network or roaming provider’s messaging, data and other rates and fees may apply. You are solely responsible for any costs you incur to access Reverse Coloring Apps from your device. Downloading, installing, or using certain Reverse Coloring Apps may be prohibited or restricted by your network provider and not all Reverse Coloring Apps may work with your network provider or device. Reverse Coloring makes no representation that Reverse Coloring Apps can be accessed on all devices or wireless service plans. Reverse Coloring makes no representation that Reverse Coloring Apps are available in all languages or that Reverse Coloring Apps are appropriate or available for use in any location.
4. In-Game Purchases. Reverse Coloring may license to your certain virtual goods to be used within the Games and which you may purchase with real money or which you may earn or redeem via gameplay (“Virtual Items”). When you obtain such Virtual Items from Reverse Coloring or its authorized designee, you receive a limited, personal, non-transferable, non-sublicensable and revocable license to use such Virtual Items within the applicable Game and solely for non-commercial use.
When you purchase Virtual Items in our Games on third-party platforms such as Facebook, Apple, or Google, Reverse Coloring is not a party to the transaction and your purchase will be governed by the third-party platform’s payment terms and conditions. Please review each platform’s terms of service for additional information.
For Virtual Items, your order will represent an offer to us to obtain a limited license and right to use the relevant Virtual Item(s) that will be accepted by us when we accept payment. At that point, the limited license begins.
For orders to obtain a limited license and right to use Virtual Items, by clicking the purchase/order button on the purchase window or page you:
agree that we will supply the Virtual Items to you as soon as we have accepted your order; and
if you reside in the European Union (the “EU”), you acknowledge that you will therefore no longer have the right to cancel under the EU’s Consumer Rights Directive (as implemented by the law of the country where you are located) once we start to supply the Virtual Item.
You understand that while you may “earn,” “buy,” or “purchase” Virtual Items in our Services, you do not legally “own” the Virtual Items and the amounts of any Virtual Item do not refer to any credit balance of real currency or its equivalent. Any “virtual currency” balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your limited license.
ALL SALES ARE FINAL: YOU ACKNOWLEDGE THAT COLOR SURPRISE IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY, OR WHETHER YOU MADE A PAYMENT THROUGH OUR SITE OR ANOTHER PLATFORM SUCH AS APPLE, GOOGLE, FACEBOOK, OR ANY OTHER SITES OR PLATFORMS WHERE WE OFFER OUR SERVICES.
PURCHASES TO ACQUIRE A LIMITED LICENSE AND RIGHT TO USE VIRTUAL ITEMS ARE NON-REFUNDABLE TO THE FULLEST EXTENT ALLOWED BY LAW.
5. Additional Payment Terms:  You agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you. Reverse Coloring may revise the pricing for the Virtual Items it licenses to you through the Services at any time. Reverse Coloring may modify or eliminate Virtual Items at any time, with or without notice. Virtual Items cannot be sold, traded, transferred, or exchanged for cash.
6. Subscriptions. Some of Reverse Coloring’s Games may offer subscription-based Services. If you purchase a subscription, then by clicking the purchase button you are requesting that we begin supplying the subscription Services immediately and you are entering into a monthly subscription contract with Reverse Coloring. You are also authorizing a charge to you on a recurring basis of a monthly subscription fee at the rate quoted at the time of purchase. By purchasing a subscription, we will automatically charge on a recurring basis the payment method associated with your account. For subscription Services purchased in a Reverse Coloring Game played on a platform such as Apple or Google, the applicable platform will charge you for the subscription fee and the platform’s payment terms will apply. Please review the appropriate platform’s payment terms for additional information.
Trial subscriptions are offered free of charge for a certain period from activation specified in the relevant trial offer in the Game. If you do not cancel the subscription within such trial period, the trial subscription will automatically convert into a paid subscription for the fees and for the subscription period set out in the Game at the time of the activation of the trial period. You may cancel a subscription during its free trial period using the subscription setting of your account. Any paid subscription you activate begins immediately from the activation of such paid subscription and not after the expiration of any trial period. Any unused trial period will therefore be forfeited if a subscription is activated prior to the expiration of such trial period.
Your subscription will automatically renew each subscription period unless and until you terminate your subscription, or we terminate it. You must cancel your subscription before it renews, otherwise, payment of the subscription fees for the next period will be taken automatically via your chosen payment method. You are responsible for the timely payment of all fees and for providing Reverse Coloring with valid credit card or payment account details for payment of all fees.  In case the subscription fee cannot be taken from your account due to absence of monetary funds, invalidity of credit card or for any other reason, your subscription will be automatically canceled.
Subscription rates are based on an amount in U.S. Dollars. If you are using a local currency, the actual amount may fluctuate based on currency exchange rates without notice to you. The charges will be applied to the payment instrument or method you provide when you start your subscription (or to a different payment instrument or method if you change your account information). Please note that prices and charges are subject to change. If we make a change to the monthly subscription rate in U.S. Dollars, we will notify you of such change in advance.
Once you have purchased a subscription, you cannot cancel your subscription for the current subscription period as that is activated as soon as you purchase a subscription. However, you may cancel your subscription for the next subscription period as follows: you can manage and cancel your subscription at any time in your “Account Settings” of your device.
Apple
Google Play
Except where required by applicable law, paid subscription fees are non-refundable. Reverse Coloring in its sole discretion and at any time may modify the subscription fee. Any subscription fee change will become effective at the end of the then-current subscription period. You will be provided reasonable prior notice of any change in subscription fee. If you do not take action to agree to the increase in subscription fee, your subscription shall expire at the end of the then current subscription period.
E. THIRD-PARTY PARTNERS:
1. Third-Party Services and Content. Reverse Coloring Apps may integrate, be integrated into, bundled, or be provided in connection with third-party services, advertising, feeds, and/or content.  If you are installing a Reverse Coloring App that includes third-party services and third-party content, such services and content are subject to such third party’s terms of services and privacy policies, which may be found on the relevant Third-Party Partner’s website. Reverse Coloring Apps may provide access or links to Third Party Partner websites or resources. Reverse Coloring has no control over such websites and resources, and you acknowledge and agree that Reverse Coloring is not responsible for the availability of such external websites or resources and does not endorse nor is responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that Reverse Coloring shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content (as defined below), goods or services available on or through any such website or resource. Reverse Coloring will not be a party to or in any way be responsible for monitoring any transaction between you and Third-Party Partners.
2. Access to Third-Party Services and Content through Reverse Coloring Apps. All services, advertising, feeds, and content, including without limitation, all data, links, articles, graphic or video messages, and all information, text, software, music, sound, graphics, or other materials (“Content”) made available or accessible through a Reverse Coloring App, whether publicly available or privately transmitted, is the sole responsibility of the entity or person from whom it originated.  You hereby acknowledge and agree that by using a Reverse Coloring App you may be exposed to Content that may be offensive, indecent, or objectionable in your community. You agree to accept all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content. Under no circumstances will Reverse Coloring be liable in any way for any Content created by or originating with entities other than Reverse Coloring, including, but not limited to, any errors or omissions in any such Content, or for loss or damage of any kind incurred because of the transmission or posting of such Content by means of a Reverse Coloring App.
F. SECURITY:
Reverse Coloring Apps, like other consumer technologies, may not be 100% secure. By accepting this TOS, you acknowledge and accept that Reverse Coloring Apps and any information you download or offer to share by means of a Reverse Coloring App, may be exposed to unauthorized access, interception, corruption, damage, or misuse, and cannot be regarded as 100% secure. You accept all responsibility for such security risks and any damage resulting therefrom.
G. REGISTRATION/PASSWORDS:
1. Registration. Most Reverse Coloring Apps will not require registration: however, some Reverse Coloring Apps may permit or require you to create an account to participate or access additional features or functionalities (“Registration”). If such Registration is required, it will be made known to you when you attempt to participate or access such additional features or functionalities. Any registration required by a Third-Party Partner is not governed by this TOS and you should refer to the relevant Third-Party Partner’s website for their policies.
2. Passwords. You are the sole and exclusive guardian of any password and ID combination issued or chosen by you. Maintaining the confidentiality and security of your password(s) and ID(s) is solely your responsibility. You are fully responsible for all transactions undertaken by means of any account opened, held, accessed, or used via your password and ID. You shall notify us immediately and confirm in writing any unauthorized use of accounts or any breach of security, including without limitation any loss, theft, or unauthorized use of your password(s), and/or ID(s) or any related account. If we have reasonable grounds to suspect that the security of your password and/ or ID has been compromised, we may suspend or terminate your account, refuse all current or future use of the services, and pursue any appropriate legal remedies. We shall not be responsible for any losses incurred in connection with any misuse of any password or ID.
3. Provided Information. If you provide any information in connection with a Registration, you must provide and maintain accurate, complete, and current information. If we have reasonable grounds to suspect that your information is inaccurate, not current, or not complete, we may suspend or terminate your use of Reverse Coloring App and pursue any appropriate legal remedies.  You agree that we shall have the right to use the information you provide to us for the purposes described in this TOS and in furtherance of your use of Reverse Coloring App services, in accordance with the Privacy Policy.
H. UNINSTALL/REMOVAL OF AN COLOR SURPRISE APP:
Uninstallation and removal methods vary depending on your device. To uninstall and remove Reverse Coloring Apps:
Apple
Android
I. CONSENT TO USE OF DATA:
You agree that we may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to Reverse Coloring Apps. We may use this information in accordance with the Privacy Policy.
J. INTELLECTUAL PROPERTY:
Reverse Coloring Apps, including all design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, code, content, protocols, software, and documentation provided to you by Reverse Coloring are Reverse Coloring property or the property of Reverse Coloring licensors, and are protected by U.S. and international copyright, trademarks, patents, and other proprietary rights and laws relating to Intellectual Property Rights. “Intellectual Property Rights” means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights. You may not delete, alter, or remove any copyright, trademark, or other proprietary rights notice we or Third-Party Partners have placed on or within Reverse Coloring Apps. All rights not expressly granted hereunder are expressly reserved to Reverse Coloring and its licensors.
Reverse Coloring names, logos, and affiliated properties are the exclusive property of Reverse Coloring or its affiliates. All other trademarks appearing on any Reverse Coloring App are trademarks of their respective owners, and the use of such trademarks shall inure to the benefit of the trademark owner. Our partners or service providers may also have additional proprietary rights in the content which they make available through a Reverse Coloring App. The trade names, trademarks, and service marks owned by Reverse Coloring, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained herein should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks, or service marks without our express prior written consent.
K. COPYRIGHT/SUBMISSIONS:
1. You are solely responsible for any Content you contribute, submit, or display on or through your use of Reverse Coloring App(s). It is your obligation to ensure that such Content, including photos, text, video, and music files, does not violate any copyright or other Intellectual Property Rights.  You must either own or have a license to use any Content that you contribute, submit or display.
2. Reverse Coloring respects and expects its users to respect the rights of copyright holders. On notice, Reverse Coloring will act appropriately to remove content that infringes the copyright rights of others. Reverse Coloring reserves the right to disable the access to Reverse Coloring Apps or other services by anyone who uses them to repeatedly infringe the Intellectual Property Rights of others.
3. Objectionable Content. Reverse Coloring may also act to remove Objectionable Content. The decision to remove Objectionable Content shall be made at Reverse Coloring sole discretion.  “Objectionable Content” includes, but is not limited to:
– Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, or libelous,
– Content that is hateful, or advocates hate crimes, harm or violence against a person or group, – Content that may harm minors in any way.
– Content that has the goal or effect of “stalking” or otherwise harassing another – Private information about any individual such as phone numbers, addresses, Social Security numbers or any other information that is invasive of another’s privacy.
– Content that is vulgar, offensive, obscene, or pornographic,
– Unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
– Material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
4. Content Screening and Disclosure. We do not, and cannot, pre-screen or monitor all Content.  However, our representatives may monitor Content submission through Reverse Coloring Apps, and you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the submission of any Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any Content.
We may access, preserve or disclose any of your information or Content (including without limitation chat text) if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (I) respond to claims asserted against us or to comply with legal process  (for example, subpoenas or warrants), including those issued by courts having jurisdiction over us or you; (ii) enforce or administer our agreements with users, such as this TOS; (iii) for fraud prevention, risk assessment, investigation, customer support, providing the app services or engineering support; (iv) protect the rights, property or safety of Reverse Coloring, its users, or members of the public or (v) to report a crime or other offensive behavior.
5. Ownership of Content You Submit. Unless otherwise set forth at the point of submission, you retain ownership of all rights in any Content that you submit, through your use of Reverse Coloring Apps. However, you grant us permission to use such Content in any way we see fit, for instance for the purposes of promotion of Reverse Coloring Apps. If, at our request, you send submissions (such as contest submissions, polling questions) or you send us creative suggestions, ideas, notes, drawings, or other information (collectively, the “Submissions”), such Submissions shall be deemed, and shall remain, the property of Reverse Coloring. None of the Submissions shall be subject to any obligation of confidence on the part of Reverse Coloring, and Reverse Coloring shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, Reverse Coloring shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial, or otherwise, without compensation to the provider of the Submissions. You hereby assign to Reverse Coloring all right, title and interest in and to the Submissions and you hereby waive any moral rights (and any rights of the same or similar effect anywhere in the world existing now or in the future created) relating to the Submissions in favor of Reverse Coloring and its assignees, licensees, and designees.
6. Repeat Infringer Policy. Reverse Coloring may terminate a user’s access to Reverse Coloring App(s) if, under appropriate circumstances, the user is determined to be a repeat infringer.
7. No Intended Third-Party Beneficiaries. Except as otherwise set forth herein, no third party is an intended beneficiary of this TOS.
8. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to company’s designated copyright agent using Contact Form:
The date of your notification
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site
A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
L. TERMINATION:
Your rights under this TOS will terminate immediately and automatically without any notice from Reverse Coloring if you fail to comply with any of the terms and conditions of this TOS. You understand that Reverse Coloring, in its sole discretion, may modify or discontinue or suspend your right to access any of our services or use of any Reverse Coloring Apps at any time. Further, Reverse Coloring, with or without any reason, may at any time suspend or terminate any license hereunder and disable Reverse Coloring Apps or any of its component features. You agree that Reverse Coloring shall not be liable to you or any third-party for any termination or disabling of Reverse Coloring Apps.  Promptly upon expiration or termination of this TOS, you must cease all use of Reverse Coloring Apps and destroy all copies of Reverse Coloring Apps in your possession or control. Termination will not limit any of Reverse Coloring other rights or remedies at law or in equity. Sections J-S, and any Supplemental Terms of this TOS shall survive termination or expiration of this TOS for any reason.
M. DISCLAIMER OF WARRANTY:
TO THE EXTENT THIS IS PERMITTED BY APPLICABLE LAW, ALL COLOR SURPRISE APPS ARE PROVIDED ON AN “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS, AND YOU USE THEM AT YOUR SOLE RISK. SUBJECT TO APPLICABLE LAW, COLOR SURPRISE, ON BEHALF OF ITSELF, AND ITS AFFILIATES, LICENSORS, DISTRIBUTORS, VENDORS, AGENTS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY ARISING UNDER THE SALE OF GOODS ACTS 1893 AND 1980, USAGE OF TRADE, COURSE OF CONDUCT OR OTHERWISE. WITHOUT LIMITATION, COLOR SURPRISE MAKES NO WARRANTY THAT COLOR SURPRISE APPS WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE COLOR SURPRISE PRODUCTS WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF COLOR SURPRISE APPS WILL MEET YOUR EXPECTATIONS. COLOR SURPRISE  ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY PROPERTY DAMAGE, OF ANY NATURE  WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR COLOR SURPRISE APPS;  ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL  PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; ANY  INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM COLOR SURPRISE APPS OR  SERVERS; ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO  OR THROUGH COLOR SURPRISE APPS BY ANY THIRD PARTY; OR ANY ERRORS OR OMISSIONS IN  ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE  USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA  COLOR SURPRISE APPS.
THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF COLOR SURPRISE APPS REMAINS SOLELY WITH YOU.
COLOR SURPRISE EXPRESSLY DISCLAIMS ALL WARRANTIES RELATING TO PRODUCTS AND/OR SERVICES PROVIDED BY THIRD PARTY PARTNERS.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.
THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
N. LIMITATION OF LIABILITY:
TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU EXPRESSLY UNDERSTAND AND AGREE  THAT COLOR SURPRISE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,  SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO,  DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN  IF COLOR SURPRISE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING  FROM: (I) THE USE OR THE INABILITY TO USE COLOR SURPRISE APPS; (II) UNAUTHORIZED  ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT  OF ANY THIRD PARTY; OR (IV) ANY OTHER MATTER RELATING TO COLOR SURPRISE APPS. IN NO EVENT SHALL COLOR SURPRISE TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING COLOR SURPRISE APP. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE-STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
IF ANY OF THE EXCLUSIONS SET FORTH IN THIS SECTION IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THEN ALL SUCH EXPRESS, IMPLIED AND STATUTORY WARRANTIES SHALL BE LIMITED IN DURATION FOR A PERIOD OF THIRTY (30) DAYS AFTER THE DATE ON WHICH YOU FIRST ACCESS COLOR SURPRISE APP, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.
O. INDEMNIFICATION:
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS COLOR SURPRISE, ITS PARENTS, AFFILIATE AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS
AND AGENTS FROM ANY AND ALL THIRD-PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES) ARISING FROM YOUR USE OF COLOR SURPRISE APPS, YOUR VIOLATION OF THE TOS OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY COLOR SURPRISE OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.
P. EXPORT CONTROLS:
Reverse Coloring Apps and the underlying information and technology are subject to US and international laws, restrictions and regulations that may govern the import, export, downloading and use of the Apps. You agree to comply with these laws, restrictions and regulations when downloading or using the apps.
Q. GOVERNING LAW
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its choice of law or conflict of law principles.
If you have any questions about these TOS, please contact sdrappsllc@gmail.com