Terms of Service for Mighty Chroma

Effective Date: 01/01/2019

Welcome to Mighty Chroma, operated by Dendelion Blu Ltd ("we", "us", or "our"), registered at 71-75 Shelton Street, WC2H 9JQ, London, United Kingdom. Your access to and use of our services provided via our website (the "Service") is conditioned upon your acceptance of and compliance with these Terms of Service ("ToS").

Acceptance of Terms

By accessing or using the Service, you confirm that you have read, understand, and agree to be bound by these ToS. If you disagree with any part of the terms, you do not have permission to access the Service.

User Accounts and Security

Account Creation: You must provide accurate, complete, and updated registration information. Failure to do so constitutes a breach of the ToS, which may result in immediate termination of your account on our Service.

Account Security: You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

User Verification: You agree that we may require you to provide further verification of your identity for account security and operational reasons.

Communication Preferences and Consent

By creating an account and using our Service, you consent to receive emails from Mighty Chroma related to your account and our services. These communications may include service updates, promotional materials, and administrative messages. You can manage your email preferences and opt-out of non-essential communications at any time by following the unsubscribe instructions included in these emails or by accessing your email preferences through your user profile on our site.

Children's Use of the Service

• Underage Restrictions: Our service is not directed towards children under the age of 13. We do not knowingly gather personal information from children under the age of 13 without the requisite consent and verification of consent from their legal guardian. By using our Service, you represent that you are at least 13 years old.

• Use by Minors between 13 and 16: For users between the ages of 13 and 16, we require that a parent or guardian is made aware and consents to the terms of service and understands our Privacy Policy. It is the responsibility of the user and their parent or guardian to ensure these conditions are met.

• Verification and Consent Process: We reserve the right to request a verification of age and consent from a parent or guardian at any time to ensure compliance with these restrictions.

• Account Deactivation for Non-compliance: If we learn that personal information of persons under 13 has been collected without verifiable parental consent, or that a user between the ages of 13 and 16 has not had a parent or guardian acknowledge and agree to our Terms of Service and Privacy Policy, we will take steps to deactivate the account and make reasonable efforts to promptly delete such data from our records.

Ownership of Content and Intellectual Property Rights

Service Content: All content made available through the Service, including texts, graphics, logos, button icons, images, audio clips, digital downloads, and software, is the property of Mighty Chroma or its content suppliers unless otherwise specified. This includes User-Generated Content (UGC), which becomes the property of Mighty Chroma upon submission or posting to the Service. By providing UGC, you grant Mighty Chroma a perpetual, irrevocable, worldwide, non-exclusive, royalty-free license to use, reproduce, modify, publish, translate, distribute, perform, and display such content, in whole or in part, and to incorporate it into other works in any form, media, or technology now known or later developed, without compensation to you. By posting UGC, you represent and warrant that you own or otherwise control all of the rights to your content, and that use of your content by Mighty Chroma will not infringe upon or violate the rights of any third party.

Content Moderation and User Conduct

User-Generated Content (UGC): When you create and share content on our Service, you must ensure that your contributions comply with our content standards. We reserve the right to review, monitor, and moderate all UGC. The following must be adhered to at all times:

• Prohibited Content: You must not post content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
• Threats: Any form of threats, harassment, or bullying is strictly prohibited.
• Pornography: Content containing nudity, sexually explicit material, or any form of pornography is not allowed.
• Discrimination: We do not tolerate content that promotes discrimination, hatred, or violence against individuals or groups based on race, ethnicity, religion, disability, gender, age, sexual orientation, or any other characteristic.

User-Generated Content Guidelines: We encourage creativity and expression, but users must adhere to the following guidelines when submitting UGC:

• Content must not infringe on the intellectual property rights of others. This includes unauthorized use of copyrighted material, trademarks, or trade secrets.
• Content must not contain viruses, bots, worms, or other harmful software.
• Content must be respectful and considerate of others.

Consequences of Violations: Violation of these guidelines will result in the removal of the violating content and may lead to account suspension or termination. Repeat offenses will be met with more severe consequences, including permanent bans.

Reporting Violations: Users may report content that they believe violates these standards by contacting us at [https://mightychroma.me/report-violation]. Reports will be reviewed promptly, and we will take appropriate action, including content removal and account suspension if necessary.

Moderation Review: While we strive to monitor and moderate UGC effectively, we are not liable for any content posted by users. However, we will take prompt action to address any reported violations.

Incident Reporting and Response Protocol

Upon receiving a report, we commit to the following actions:

• Review of the reported content within 24-48 hours.
• Communication with the reporting user within 72 hours to acknowledge the report and provide an update on the review status.
• Appropriate action taken based on the review, which may involve content removal, user warnings, account suspension, or termination.
• Follow-up communication with the reporting user to inform them of the action taken.

Compliance with Laws

You agree to comply with all applicable local, state, national, and international laws and regulations related to your use of the Service. You are solely responsible for ensuring that your use of the Service is in compliance with these laws and regulations.

User Responsibility

Users are solely responsible for their conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links, and other content that they submit, post, and display on the Service. Users agree to compensate and defend Mighty Chroma against any claims or legal actions brought as a consequence of their conduct or content.

Account Suspension and Termination: We reserve the right to suspend, deactivate, or terminate your account immediately and without prior notice if you violate these content standards. Content that violates these standards will be removed, and repeated offenses may result in permanent bans from the Service.

Reporting Violations: Users may report content that they believe violates these standards. We will review such reports and take appropriate action, including removing content and suspending offending accounts.

Moderation Review: While we strive to monitor and moderate UGC effectively, we are not liable for any content posted by users. However, we will take prompt action to address any reported violations.

Use of the Service

You agree not to use the Service:

• In any manner that could disable, overburden, damage, or impair the Service or interfere with any other party’s use of the Service.
• To impersonate or attempt to impersonate Mighty Chroma, a Mighty Chroma employee, another user, or any other person or entity.
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm Mighty Chroma or users of the Service or expose them to liability.

Modifications, Termination, and Interruption to the Service

Modifications to the Service: We reserve the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part of it) with or without notice.

Termination: We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the ToS.

Service Interruptions: Our Service may be interrupted from time to time for maintenance, updates, or system or network failures. We strive to minimize these disruptions but are not liable for any interruption of the Service.

Disclaimers and Limitation of Liability

Disclaimers: The Service is provided on an "AS IS" and "AS AVAILABLE" basis. Mighty Chroma and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Mighty Chroma does not warrant that the Service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results obtained from the use of the Service will be accurate or reliable.

Limitation of Liability: To the maximum extent permitted by law, in no event will Mighty Chroma, its affiliates, employees, licensors, or service providers be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to the access or use of, or inability to access or use, the Service, even if Mighty Chroma has been advised of the possibility of such damages.

Indemnification

You agree to indemnify, defend, and hold harmless Mighty Chroma, its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Service from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of this ToS or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Service using your account.

Governing Law and Jurisdiction

These ToS shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these ToS will not be considered a waiver of those rights.

Changes to Terms of Service

We reserve the right, at our sole discretion, to modify or replace these ToS at any time. We will provide at least 30 days' notice before any new terms take effect. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. We encourage you to review our Terms of Service periodically to stay informed of any updates.

Contact Information

For any questions about these Terms of Service, please contact us at https://mightychroma.me/contact-us.

Last Updated: 11/12/2024