Website Terms
These Terms of Use apply to the Colour Block website at www.colour-block.com and all other sites where these terms appear or are hyper-linked. Colour-block.com is offered as a service to customers of Artistopia, Inc (“Artistopia,” “Us,” or “We”). Please review the following terms of use, which pertain to your use of colour-block.com and its linked sites.
When you use colour-block.com, you agree to follow and be bound by this Agreement. we reserve the right to update or modify this Agreement at any time without prior notice. We encourage you to review the Agreement whenever you use colour-block.com. If you do not agree to these terms, please do not use this website.
BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
Transactions
Artistopia reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation. We reserve the right, at our sole discretion, to limit the quantity of items purchased and/or to prohibit sales to dealers. In the event that a product is listed at an incorrect price, we shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will promptly issue a credit to your credit card account in the amount of the incorrect price.
Shipments; Delivery; Title and Risk of Loss
We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.
Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
Returns and Refunds
Except for any products designated on the Site as non-returnable, Artistopia will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 30 days from the receipt of the original order and provided such products are returned in their original condition. To return products, you must email our Customer Support at contactus@colour-block.com to obtain a Return Merchandise Authorization ("RMA") number before shipping your product. No returns of any type will be accepted without an RMA number.
You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. Artistopia therefore strongly recommends that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection. All returns are subject to a 15% restocking fee. Unless the product arrives in damaged and/or incorrect.
Refunds are processed and paid within 10 business days of Artistopia receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site. ARTISTOPIA OFFERS NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.
Content
All content on colour-block.com, such as text, graphics, logos, images, video, data, and other material, other than the Instagram feed, is owned or licensed property of Artistopia, Inc. and is protected by copyright, trademark, or other proprietary rights. All content on colour-block.com, other than the Instagram feed, is the exclusive property of Artistopia and protected by U.S. and international copyright laws. Artistopia reserves all intellectual property rights in all content.
All contents on Colour-Block.com are intended solely for personal, non-commercial use. You may download or copy contents and other downloadable materials displayed on colour-block.com for your personal use only. No right, title or interest in any content is transferred to you as a result of any such downloading or copying. You may not reproduce, publish, transmit, distribute, display, or modify derivative works from, or sell or exploit in any way, except for self-education or self-use.
Colour-block.com is intended for use by individuals 14 years of age or older. If you are under 18, you may use colour-block.com only with involvement of a parent or guardian.
Prohibited Conduct
You may not use colour-block.com to transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, harassing, invasive of another’s privacy, hateful, or racially, ethnically. You may not solicit personal information or arrange selling or buying of other content or merchandise on colour-block.com.
Termination
Artistopia reserves the right, without notice and in our sole discretion, to terminate your account or your use of the website if you violate this Agreement for any reason, or for no reason. Upon any such termination, your right to use colour-block.com will immediately cease. You agree that we shall not be liable to you or any third party for any termination of your access to the Site.
Trademarks
All trademarks, logos, service marks and trade names are proprietary to ARTISTOPIA INC., Colour-block.com, or other respective owners that have granted the Site the right and license to use such intellectual property. Neither your use of the site nor purchase of any products or services from the site constitutes a license or assignment to use the trademarks, logos, service marks, or trade names.
Disclaimer
The information, services, products offered for sale and materials contained in and/or advertised on the Site, including, without limitation, text, graphics and links, are provided on an "As Is" basis with no warranty. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARTISTOPIA, INC. Colour-block.com AND ITS SUPPLIERS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. In addition, ARTISTOPIA, INC., Colour-block.com and its suppliers do not represent or warrant that the information accessible via the Site is accurate, complete or current. We are not responsible for typographical errors. Price and availability information is subject to change without notice.
Product Information
Most products displayed on the Site are available at Colour-block.com and Amazon.com while supplies last. The prices displayed on the Site are quoted in U.S. dollars and are valid and effective only in the United States. All prices, pictures and descriptions on this site are subject to change. We maintain no responsibility for inadvertent errors. Please contact us within 30 days regarding price or promotion discrepancies. When you place your order with us, you agree to the price and terms indicated on our website. Price differences related to future or past prices in our store or any other store's prices are not refundable. The particular technical specifications and settings of your computer or device and its display could affect the accuracy of its display of the colors of products offered on the Site.
Colors
Colour-block.com strives to display as accurately as possible the colors of the products shown on the website. However, colour-block.com cannot guarantee that your monitor's display of any color will be accurate.
Goods Not for Resale
You agree to comply with all applicable laws and regulations of the various states and of the United States. You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale.Links to Other Websites & Services
This Site may contain links to Web sites other than our own. ARTISTOPIA, INC. and Colour-block.com do not assume any responsibility for those sites and provides those links solely for the convenience of our visitors.
ARTISTOPIA, INC. and Colour-block.com do not control the content of these sites and takes no responsibility for their content, nor should it be implied that ARTISTOPIA, INC. and Colour-block.com endorses or otherwise recommends such sites or the products or services offered.
Limitation on Liability
IN NO EVENT SHALL ARTISTOPIA INC., COLOUR-BLOCK.COM OR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF ARTISTOPIA INC. AND COLOUR-BLOCK.COM HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION, UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE SITE. These limitations shall apply notwithstanding any failure of essential purpose or the existence of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.
Limits of Responsibility
We accept no responsibility for user initiated damage and/or loss of parts incurred during operation or use of product.
Applicable Law
The laws of the State of California will govern these Terms of Use without giving effect to any principles of conflict of law.
Dispute Resolution and Binding Arbitration
YOU AND ARTISTOPIA, INC. ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
NOTE: The Terms and Conditions below are intended for users who submit content to us that we are interested in using.
Terms and Conditions
You have given us permission to post on Colour-block.com, your handle and the caption that you’ve placed on your photo (“User Generated Content”, or “UGC”). By sharing your UGC, you are agreeing to these Terms and Conditions, the Terms of Use for our website (above) and our Privacy Policy.
You own the content you share. By sharing your UGC with us, you do not grant any ownership rights in the UGC, and you represent and warrant that you own all right, title and interest in the UGC that you share, including all copyright. You also represent and warrant that the sharing and publication of your UGC does not violate the rights of any other person, including intellectual property rights.
You have the right to share your UGC. By sharing your UGC, you represent and warrant that you are over 18 and that you are the parent or legal guardian of each child shown in the photos you submit. You also represent and warrant that any adult who appears in your photos is yourself.
You grant us a License to use your UGC. By sharing your UGC, you are granting to ARTISTOPIA INC. and its successors and assigns, a perpetual, worldwide, non-exclusive, fully paid-up license to use your UGC, including all copyright, in all forms and media. This means that we have the right to copy, display, publish, modify and store your UCG anywhere and through any means, and that our right will not expire. This also means that you will not receive any money as compensation for granting these rights.
How we will use your UGC. We have no obligation to use any of the UGC that you share, and we reserve the right to select in our sole discretion which images will be published. The UGC submitted to us may be used on our website and on our social media pages. We also may publish this information in our catalogs, e-mail marketing, point of sale store materials, and in other promotional and marketing materials.
Waiver. By sharing your UGC, you release ARTISTOPIA, INC. from any and all liability resulting from our use of the UGC.
Non-Confidentiality. By sharing your UGC with us, it will be available to the public. Please use caution when deciding what personal information to disclose. If you wish to remove you UGC from our site, simply send us an e-mail at contactus@colour-block.com. Even if we remove your UGC, your waiver of rights will continue to apply to all UCG that we have already used.
Copyright Infringement. The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe that any content posted in our Take Back Childhood Gallery is an infringement of your copyright, you may ask us to take down that content by sending us a DMCA Notice. If you believe that a DMCA Notice was been wrongly filed against you, you may send us a Counter-Notice. Notices and Counter-Notices must meet the DMCA requirements and we suggest that you obtain legal advice before sending us a Notice or Counter-Notice. Please note that we will decline to accept UGC from users who we believe to be repeat infringers, and there could be substantial penalties for making false claims. Notices and Counter-Notices can be sent to us by either of the following methods:
By e-mail: contactus@colour-block.com
By U.S. Mail or courier:
ARTISTOPIA INC.
17220 Newhope Street, Ste 105 Fountain Valley, CA 92780, United States