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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.

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.

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.

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.

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.

Contact Information

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

Last Updated: 14/03/2024