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Terms and Conditions for Access and Use of matchmycolor.com Website

The following document constitutes terms and conditions under which matchmycolor LLC with registered offices at Gartenstrasse 95, CH-4052, Basel, Switzerland (“MATCHMYCOLOR”) is offering access to services provided on matchmycolor.com (the "Website").

Agreement to Terms and Conditions

The use of the Website is offered to you on the condition of your acceptance of these terms and conditions (the “Terms and Conditions”). BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO THESE TERMS AND CONDITIONS; IF YOU DO NOT AGREE, YOU MAY NOT ACCESS OR USE THE WEBSITE. Additional terms might apply for the use of specific services on the Website (the “Services”). Any sales conducted and/or any licenses granted through the Website might be subject to specific terms and conditions (the “Specific Terms and Conditions”). You will be notified in the event any of your planned transactions are subject to any Specific Terms and Conditions. The execution of such transaction will require your acceptance of the applicable Specific Terms and Conditions.

Modification of the Terms and Conditions

MATCHMYCOLOR reserves the right, at its sole discretion, to change, modify, add or remove portions of these terms and conditions and/or the Specific Terms and Conditions. Such modifications shall be effective immediately upon posting the modifications. MATCHMYCOLORencourages you to regularly check these Terms and Conditions for modifications. The most current version of the Terms and Conditions can be reviewed by clicking on the "Terms and Conditions" hypertext link located at the bottom of the Website.

Privacy and Protection of Personal Information

See the Privacy Policy relating to the collection and use of information in connection with the Website.

Proprietary Rights, Copyright, Trademark

All content on the Website, including but not limited to text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, buttons, artwork, technology, computer code and all information appearing on or displayed on the Website (collectively “Content”) is owned, controlled or licensed by or to MATCHMYCOLOR and is protected by applicable intellectual property and other laws. All trademarks, service marks and trade names (collectively “Marks”) are trademarks or registered trademarks of MATCHMYCOLOR or other respective owners that have granted MATCHMYCOLOR the right and license to use such Marks.

Unless expressly authorized by MATCHMYCOLOR or a proprietor of the licensed Content, no Content may be modified, copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise.

Website Use

MATCHMYCOLOR encourages you to use the Website according to its intended use. You may not use the Website or any Content for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not solicit the performance of any illegal activity or other activity, which infringes the rights of MATCHMYCOLOR or others. In particular you may not transmit through the Website any unlawful, defamatory, libellous, vulgar, obscene, abusive, harassing, harmful, threatening or racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offence, give rise to civil liability, violate third party rights or otherwise violate any applicable law. You agree not to access the Website by any other means than through the interface that is provided by MATCHMYCOLOR for use in accessing the Website and its Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any of MATCHMYCOLOR’s server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website.

Links to Other Websites

This Website may contain links to other websites on the Internet that are owned and operated by third parties. Even if the third party is affiliated with MATCHMYCOLOR, MATCHMYCOLOR has no control over these linked websites, all of which have separate privacy and data collection practices. MATCHMYCOLOR is not responsible or liable for the third party’s independent policies or actions and is not responsible for the privacy practices or the content of such websites or any link contained in a linked website, or any changes or updates to such linked websites. Access to these linked websites is at your own risk. MATCHMYCOLOR is not responsible for any transactions between you and third parties facilitated through the Website or any form of transmission received from such linked websites. MATCHMYCOLOR provides those links only to your convenience, and the inclusion of such links into the Website does not imply any kind of endorsement by MATCHMYCOLOR of such linked website.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

a. THE WEBSITE AND SERVICES ARE PROVIDED BY MATCHMYCOLOR “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. WITHOUT LIMITING THE FOREGOING, MATCHMYCOLOR MAKES NO WARRANTY THAT (I) THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THE RESULTS, WHETHER GIVEN IN WRITING, ORALLY OR VISUALLY, THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE OR IN COMPLIANCE WITH THE APPLICABLE ENVIRONMENTAL, HEALTH AND SAFETY REGULATIONS; (III) THE QUALITY OF THE WEBSITE OR SERVICES WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE WEBSITE OR SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROMMATCHMYCOLOR OR THROUGH OR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.

b. MATCHMYCOLOR SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR USE OF OR PARTICIPATION IN ANY SERVICES. ANY DATA DOWNLOADED FROM THE WEBSITE OR OTHERWISE OBTAINED THROUGH USE OF THE SERVICES AND THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR THE USE OF THE WEBSITE. MATCHMYCOLOR ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR SIMILAR CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE WEBSITE OR ANY OF ITS SERVICES. MATCHMYCOLOR CANNOT ENSURE THAT ANY FILES, INFORMATION OR OTHER DATA YOU ACCESS OR DOWNLOAD WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.

c. MATCHMYCOLOR WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD OR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE WEBSITE OR ANY SERVICES, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.

d. MATCHMYCOLOR DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE AND/OR ANY OF ITS SERVICES. YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED WEBSITES.

e. YOUR SOLE REMEDY AGAINST MATCHMYCOLOR FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT. BY PERMITTING ADVERTISING, MATCHMYCOLOR MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND AS TO THE ACCURACY OF THE CONTENT OR SUITABILITY OF THE SUBJECT MATTER OF ANY SUCH ADVERTISEMENT.

f. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnity

You agree to indemnify and hold MATCHMYCOLOR, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against MATCHMYCOLOR by any third party due to or arising out of or in connection with your use of the Website and/or its Services as well as your use or access to linked websites.

Member Account

If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will have to choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notifyMATCHMYCOLOR immediately of any unauthorized use of your account or any other breach of security. You could be held liable for losses incurred by MATCHMYCOLOR or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

Severability of Terms

If any court or administrative body of competent jurisdiction holds any provision of these Terms and Conditions invalid or unenforceable, the remaining provisions will not be affected. In such an event the invalid or unenforceable provision will be replaced by a mutually acceptable provision that comes closest to the original intent of the parties.

Entire Agreement

These Terms and Conditions and the Specific Terms and Conditions, if applicable, constitute the entire agreement between MATCHMYCOLORand you with respect to your access to or use of the Website and Services and supersede any prior agreements between you and MATCHMYCOLORon such subject matter.

Termination of Terms, Conditions and Notices

MATCHMYCOLOR reserves the right to immediately and/or without notice suspend or terminate the Terms and Conditions, and notices and/or any other Service provided to you by the Website unless stated otherwise in further written terms, conditions and notices.

Terms and Conditions for Access and Use of matchmycolor.com Website

The following document constitutes terms and conditions under which matchmycolor LLC with registered offices at Dornacherstrasse 101, CH-4053, Basel, Switzerland (“MATCHMYCOLOR”) is offering access to services provided on matchmycolor.com (the "Website").