terms and conditions
Coloristic Art Mobile App Terms
Updated: November 30th, 2019, style: important The following Terms & Conditions shall apply to the relationship between JETSET LLC and all subsidiaries of JETSET LLC ("JETSET", "we" or "us", or "our" and the end user ("user", "You" or "Your"). JETSET LLC operates a coloring book mobile application, Coloristic Art, for both Android and iOS operating platforms ("App"). By using the App offered by JETSET, You accept these Terms & Conditions, as well as the manner in which JETSET operates. These Terms & Conditions constitute the entire agreement between JETSET and You and supersede and replace all prior commitments, undertakings or representations, whether written or oral, between You and JETSET with respect of Your use of the App.
By using our App, you consent to and agree to be bound by these Terms. If you don\t agree to be bound by these Terms, please do not use the App. You may use the App only if you are 13 years or older and are not in violation of applicable laws by using the App.
Modification to Terms of Service or App
If You do not agree to the Terms & Conditions, do not use the App provided by JETSET. If You access, use, or download the App, You agree to and are bound by these Terms & Conditions. JETSET may change (add to, delete, or amend) the Terms & Conditions from time to time, with or without cause. Should this occur, You agree that JETSET may provide You notice of such changes in any of the following ways: via an email from JETSET, via an RSS feed, via JETSET blog, and/or by posting a change notice on the App and website for a reasonably limited time. It is Your responsibility to review any revised Terms & Conditions. Should You find any subsequent revisions to the Terms & Conditions unacceptable, You must cease using the App. By continuing to access, use, or download in any way any service of the App following notice of a revision to the Terms & Conditions, You agree to and are bound by the Terms & Conditions as revised.
By agreeing to these Terms & Conditions, You and JETSET each waive the right to a jury trial or to participate in a class action. Further, You agree that any and all disputes, claims, and causes of action relating in any way to Your use of JETSET, including Your use prior to agreeing to these Terms & Conditions, or to any products sold by JETSET will be resolved by binding arbitration, rather than in court, except that You may assert claims in small claims court if Your claims qualify.
You agree that any and all claims, disputes, and causes of action between You and JETSET, including those relating to Your use of the App or these Terms & Conditions (each a "Dispute" and collectively, "Disputes" shall be resolved as set forth in this section. Before initiating any formal Dispute resolution proceedings, You agree to negotiate with JETSET regarding any Disputes in good faith on an individual basis, and not as a plaintiff or class member in any purported class or representative proceeding. You may initiate these negotiations by sending a notice of the Dispute (the "Notice of Dispute") to JETSET in a manner specified in the "Notices" section below.
If JETSET and You do not reach an agreement regarding a Dispute within 30 days following JETSET\s receipt of the Notice of Dispute, JETSET and You agree to submit such Dispute to binding arbitration, on an individual basis, under the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (the "AAA rules"). The AAA rules are available online at adr.org. The proceedings shall be governed by the Federal Arbitration Act, and the award shall be final and binding, may be enforced in any court of competent jurisdiction, and shall not be subject to appeal. During the arbitration, the amount of any settlement offer made by JETSET or You shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which You or JETSET is entitled.
JETSET will pay the arbitration filing fee for Disputes involving less than \$75,000, unless the arbitrator determines the claims are frivolous. If the arbitrator finds that Your claim is frivolous or brought for an improper purpose then the payment of all fees will be governed by the AAA rules. In such case, You agree to reimburse JETSET for all monies previously disbursed by JETSET that are otherwise Your obligation to pay under the AAA rules. In addition, if You initiate an arbitration in which you seek more than \$75,000 in damages, the payment of these fees will be governed by the AAA rules. For claims totaling less than \$10,000, You may choose to have the arbitration conducted by telephone, based on written submissions, or in person. Unless JETSET and You agree otherwise, any arbitration hearings will take place in the county where you live. Except as otherwise provided for herein, JETSET will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above.
In the event of a finding in Your favor, JETSET agrees to pay Your attorney, if any, and reimburse any expenses, including expert witness fees and costs that Your attorney reasonably accrues for investigating, preparing, and pursuing Your claim in arbitration. If the arbitrator issues You an award that is greater than the value of JETSET\s last written settlement offer made before an arbitrator was selected then JETSET will pay You the greater of the award or \$10,000 and pay Your attorney twice the amount of attorney\s fees and reimburse any reasonable expenses incurred by Your attorney related to Your representation. This right to attorneys\ fees and expenses supplements any right to attorneys\ fees and expenses You may have under applicable law. Thus, if You would be entitled to a larger amount under applicable law, this provision does not preclude the arbitrator from awarding You that amount. However, You may not recover duplicative awards of attorneys\ fees or costs. Although under some laws JETSET may have a right to an award of attorneys\ fees and expenses if it prevails in arbitration, JETSET agrees that it will not seek such an award.
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party\s individual claim. You and JETSET agree that each may bring claims against the other only in Your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both You and JETSET agree otherwise, the arbitrator may not consolidate more than one person\s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
Notwithstanding any provision in this Agreement to the contrary, we agree that if JETSET makes any future change to this arbitration provision (other than a change to the Address provided in the "Notices" section below) You may reject any such change by sending us written notice within 30 days of the change to the Address provided in the "Notices" section below. By rejecting any future change, You are agreeing that You will arbitrate any dispute between us in accordance with the language of this provision.
Registration and Gathered Information
JETSET will require, at times, registration in the App to use certain features and functionality. This will require you to create an account ("Account"). This may be done through providing specific information we require such as, but not limited to, name, email, and desired username. It also may be done through the user of third-party social networking services such as Facebook ("Social Media Account"). If you choose to use a Social Media Account we will create your Account by extracting data from your Social Media Account such as certain personal information like your and email address.
You agree to protect and not disclose your Account password and that you will notify us immediately of any unauthorized use of your Account. You, the user, are responsible for all activities, including signing up for re-occurring billings ("Subscriptions" virtual good purchases, and other services that occur in your Account, whether you knowingly are aware of them, so keep your password safe and secure.
Content Rights, Ownership, & Responsibility
For purposes of these Terms, content and user content are defined as follows:
(i) "Content" is defined as graphics, patterns, illustrations, photographs, images, text, drawings, paintings, works of authorship of any kind, and information or other materials that are created, generated, posted, provided, or made available through the App.
(ii) "User Content" means any Content that you or other App users provide to be made available through the App.
JETSET does not claim any ownership rights in any User Content. JETSET and its licensors exclusively own all the rights, titles and interests to the App and Content provided in the App. This includes, but is not limited to, all intellectual property rights. You acknowledge that the App and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. The app may allow for distribution, exportation, and publishing of User Content with copyright, trademark, or service marks. You agree not to remove, modify or obscure any copyright, trademark, service marks incorporated into App Content, including User Content provided by you or other users.
By providing and creating User Content in the App, you hereby grant to JETSET and users of the App a worldwide, royalty-free, non-exclusive, transferable, worldwide, royalty-free license to use, color, paint, modify, and create derivative works. You also give JETSET the right to distribute, publicly display, publicly perform, sell as part of their service, and distribute your User Content when operating the App and Content to you and to other App users, including without limitation, allowing other App users to color and paint your User Content using the App ("Recolored User Content") and to distribute, reproduce and publicly perform the Recolored User Content.
You, the user, are solely responsible for any and all User Content submitted to the App. You represent and warrant that you have all applicable legal rights and licenses necessary to publish, distribute, and post your User Content through the App. You represent and warrant that your User Content will not infringe, misappropriate or violate a third party\s intellectual property rights, or rights of privacy, or that will result in the violation of any applicable laws or regulations. You also represent and warrant that everything submitted by you is fully owned by you, and that you have the applicable legal rights to grant licensing rights to JETSET for your User Content. for all your User Content.
By using the App, you may view and encounter certain User Content from other App users that could be offensive, indecent, or against your religious or political views. You, the user, bear all risks associated with the use and viewing of App sections that include any User Content found within the App. You may notify JETSET of any User Content that you believe violates these Terms by emailing JETSET at email@example.com.
Subject to your compliance with these Terms, JETSET grants you a limited, non-exclusive, non-transferable, license to download, view, copy, display and print the Content solely in connection with your permitted use of the App and solely for non-commercial purposes, including, without limitation, to allow you to create drawings, colored pictures, photos, patterns, paintings through the App and share them with other users or other third parties.
Notification of Copyright Infringement
JETSET responds to effective and complete notices of copyright infringement violations that provide specific information for us to identify and locate the allegedly infringing materials. In appropriate instances, we will remove allegedly infringing materials. Upon review, we may decline to remove allegedly infringing materials – for example, if we determine they are not infringing, if we lack adequate information to determine that they are infringing, if we are unable to find the accused materials, or if the materials are protected by the fair use doctrine, among other reasons. Please note, under the Digital Millennium Copyright Act ("DMCA" section 512(f any person that knowingly materially misrepresents that activity is infringing may be liable for damages, including costs and attorney\s fees. If someone has posted your original without your permission, you may want to seek legal guidance to find out if your intellectual property rights have been infringed. JETSET is unable to provide you with legal advice regarding copyright, trademark or other intellectual property matters.
Reporting Instances of Copyright Infringement
If you believe that work residing or accessible on or through the App infringes a copyright, please send a notice of copyright infringement to JETSET\s Agent for Notice with the following information (your "Notice"):
1. Identification of the work or material that you claim has been infringed. If this material exists online, please provide a URL.
2. Identification of the material that is claimed to be infringing, including a screenshot and its location on the App ("Section" with sufficient detail so that JETSET is capable of finding the material and verifying its existence.
3. Contact information, including your name, address, telephone number, and email address.
4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or law.
5. A statement by you that the above information in your Notice is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner\s behalf.
6. A physical or electronic signature of the owner of the copyright that has been allegedly infringed or a person authorized to act on behalf of the owner. You may also submit a notice to the below agent:
401 S Coltrane Rd
Suite 250Edmond, OK 73034 United States
Reporting Instances of Trademark Infringement
If you are asserting infringement of a trademark, please submit your notice using the following form:
You may also submit a notice to the below agent:
401 S Coltrane Rd
Edmond, OK 73034 United States
App Rights and Terms
Subject to your compliance with these Terms, JETSET grants you a limited, non-transferable, non-exclusive, non-sublicensable license to download and install a copy of the App on one or multiple mobile devices that you own or control and to run such copy or copies of the App solely for your own personal non-commercial purposes. You may not freely distribute, copy, or reproduce the App, except for making copies for backup purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means.
Additionally, JETSET grants you a limited, non-transferable, non-exclusive, non-sublicensable license to download, view, copy, display and print the Content solely in connection with your permitted use of the App and solely for non-commercial purposes, including, without limitation, to allow you to create drawings, colored pictures, photos, patterns, paintings through the App and share them with other users or other third parties.
JETSET reserves all rights in and to the App not expressly granted to you under these Terms. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, at our sole discretion if we consider any Content to be objectionable or in violation of these Terms. We have the right to remedy all violations of these Terms, including investigating violations and cooperating with law enforcement authorities to prosecute users who violate the law.
Account or App Termination
JETSET reserves the right to temporarily or permanently terminate Your account or use of the App at our sole discretion if we determine or suspect You have violated these Terms & Conditions, any laws, or the rights of our other users or other third parties. Examples of unauthorized usage include, but are not limited to creating, sharing, posting copyrighted materials. Upon any termination or discontinuation of your Account or use of App, all provisions of these Terms, which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
You agree to indemnify, defend, and hold JETSET and its members, managers, shareholders, directors, officers, employees, agents, affiliates, licensors, and other partners (collectively, the "Indemnified Persons") harmless from any loss, cost, expense, liability, claim, or demand, including reasonable attorneys\ fees, suffered by any Indemnified Persons due to, arising out of, or in connection with (i) Your use of JETSET or any of the services offered by JETSET, (ii) any violation of these Terms & Conditions by You or any person acting in collusion with You, (iii) any violation of applicable law or court order by You, and (iv) any negligence or willful misconduct by You.
Disclaimer of Warranty & Liability
You agree that use of the App provided by JETSET is at Your sole risk. Neither JETSET nor any of its officers, directors, employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software or any third party who provides products, services, or licenses to JETSET, or the like, warrant that companies affiliated with JETSET, including, but not limited to, JETSET, will be uninterrupted, error-free, or free of viruses, worms, trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information and services published on JETSET may contain inaccuracies or typographical errors. JETSET shall not be responsible for any opinions, views, advice, or statements posted through User Content on JETSET (including, without limitation, in any public posting areas of the App) by any person or entity other than an authorized JETSET spokesperson. Advertisers, content providers, users, guests, independent writers, and experts are not authorized JETSET spokespersons. At no time should the opinions, views, advice, or statements provided by advertisers, content providers, users, guests, independent writers, or experts be relied upon for important personal decisions without independent verification.
YOUR USE OF JETSET IS AT YOUR SOLE RISK. THIS APP, INCLUDING THE SERVICE AND SOFTWARE, IS PROVIDED BY JETSET LLC ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, JETSET DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
JETSET MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF APP, SECURITY OF THE APP, THE RESULTS THAT MAY BE OBTAINED FROM USE OF JETSET, THE AVAILABILITY OF ANY VIRTUAL GOODS OR SERVICES OFFERED ON OR THROUGH THE APP, INCLUDING E-MAIL, OR THE INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED ON THE APP. WITHOUT LIMITING THE FOREGOING, JETSET DOES NOT WARRANT THAT THE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT, THAT THE APP WILL MEET YOUR REQUIREMENTS, THAT THE APP WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY SERVICE OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APP IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR SMART PHONE SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR INSTALLATION OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE APP OR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS & CONDITIONS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT JETSET WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THE APP, SOFTWARE, OR ANY RELATED SERVICES, INVOLUNTARY CHARGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE OR OTHERWISE, (EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
THE LIMITATIONS OF THIS SECTION SHALL APPLY NOTWITHSTANDING ANY RELIANCE ON ANY INFORMATION OBTAINED FROM THE APP OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO PROVIDER RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT JETSET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS LIMITATION SHALL APPLY TO ALL CONTENT, VIRTUAL MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE APP. THIS LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM ASSEMBLY, USE OR MISUSE OF OR RELIANCE ON JETSET APP SERVICES, FROM INABILITY TO USE APP SERVICES OR VIRTUAL ITEMS OR SUBSCRIPTIONS PURCHASED THROUGH THE APP, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF JETSET\S SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
If You are dissatisfied with any portion of JETSET, You should discontinue Your use of JETSET.
You agree to pay all charges, fees, and applicable taxes incurred by you or anyone making purchases in your account through the App. JETSET may revise the pricing for virtual goods, subscriptions, and services offered to you through the App at any time. YOU AGREE & ACKNOWLDEGE THAT JETSET IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE COMPENSATION, MONEY OR OTHER FORMS OF MONETARY COMPENSATION, FOR UNUSED VIRTUAL GOODS, SUBSCRIPTIONS, AND SERVICES WHEN YOU CLOSE YOUR ACCOUNT, ARE INACTIVE IN YOUR USE OF THE APP, OR CEASE TO USE THE APP.
Except as provided otherwise in these Terms & Conditions, all notices, requests, instructions, and other communications given to JETSET by You must be given in writing by hand delivery in return for a receipt, sent certified or registered U.S. mail (return receipt requested or sent by FedEx or a similar overnight courier service, addressed to: 401 S Coltrane Rd, Suite 250, Edmond, OK 73034, or by email to firstname.lastname@example.org.)