Terms of Service

Last Updated: 11.6.25

ACCESS TO AND USE OF OUR SERVICE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS.

THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION, CLASS ACTION WAIVER, AN ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT WHICH MAY BE ENFORCED BY THE PARTIES.

1. Acceptance

The Color Factory website, www.colorfactory.co, (the âServiceâ) is operated and owned by Color Factory, LLC or its affiliated companies (âColor Factory,â âwe,â âus,â or âourâ).

By using the Service or visiting a Color Factory location, you agree, without limitation or qualification, to be bound by these terms and conditions of use (the âTerms of Serviceâ) and the Color Factory Privacy Policy (the âPrivacy Policyâ) incorporated herein by reference.

Where permitted by applicable law, we reserve the right to modify or revise these Terms of Service, in our sole discretion, at any time. By downloading and/or using the Service, you agree to be bound by any and all subsequent modifications or revisions and to comply with any applicable laws and regulations. We recommend that Service users periodically review the most up-to-date version of the Terms of Service. By continuing to use or access the website or visit Color Factory after posting any changes constitutes acceptance of those changes.

The Service, and any content therein, is provided on an âas isâ and âas availableâ basis. We do not guarantee that the Service, or the Contents (as described in more detail below), will always be available or be uninterrupted. Color Factory may suspend, withdraw, discontinue or change all or any part of the Service without notice. We will not be liable to you if for any reason the Service is unavailable at any time or for any period, nor will Color Factory be liable to you for the accuracy, completeness, timeliness or recency of any Service or Contents. You are responsible for making all arrangements necessary for you to have access to the Service. You are also responsible for ensuring that all persons who access the Service through your internet connection or using your device are aware of these Terms of Service and other applicable terms and conditions, and that they comply with them.

The materials provided on the Service are protected by applicable law, including, but not limited to, United States copyright laws and international treaties.

2. Personal Information

The personal information you submit to us and that we collect from you is governed by the Privacy Policy. To the extent that there is any inconsistency between these Terms of Service and the Privacy Policy, the Privacy Policy shall govern. You are responsible for providing information that is accurate, current and complete.

If you provide information that is not accurate, current or complete, or if we have reason to believe that information you provided is not accurate, current or complete, we may, in our sole discretion, prohibit you from any and all future use of the Service.

If you have provided your email address to Color Factory, you may receive certain promotional emails from us. You may opt out of receiving these emails at any time by following the instructions provided in the emails to unsubscribe. Your opt-out will not affect any non-promotional emails, such as those about your tickets, The Color Shop purchases, or other ongoing business relations.

By providing your mobile number, you consent to the use of text messages, even if your number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other such technology. Service related messages may include updates, alerts, and transaction information. Promotional messages may include promotions, specials, and other marketing offers. You may opt out of receiving promotional texts from us by replying STOP to any of the text messages. You may still receive service or transaction related text messages from Color Factory.

You are responsible for all fees charged by third parties to access and use the Service or visit Color Factory, including, but not limited to, internet or telephone service providers. Without limiting the foregoing, you are solely responsible for the payment of all applicable fees associated with any service plan you use in connection with your use of the Service, such as data, SMS, MMS, roaming or other applicable fees charged by the service provider.Â

Color Factory is not responsible nor liable for any delayed or undeliverable messages, whether via email, text, or other communication medium. Please ensure that you provide accurate contact information when purchasing your ticket or merchandise, as information contained in these communications is required to gain access to the location, provide proof of purchase, or for other purposes.Â Â

3. Use Restrictions - User Age

No one under age 13 may use the Service or provide any information to or on the Service without parental consent. No one under age 18 may enter a Color Factory location without a parent or guardian accompanying them. All visitors, or if under the age 18, their parent or guardian, to a Color Factory location must sign a liability waiver prior to entry.Â Â

4. Use Restrictions - Intellectual Property

The Service and the content included on the Service, such as text, graphics, source code, images, videos, photographs, illustrations, trademarks, trade names, service marks, logos, information obtained from our licensors, and other materials (collectively the âContentsâ) is protected by intellectual property laws in both United States and foreign jurisdictions. Ownership of the Contents, i.e., ownership of all intellectual property rights in such Contents, remains with us or our licensors and/or partners. All rights not expressly granted herein are reserved to us and our licensors. If you violate any of these Terms of Service, your permission to use the Contents automatically terminates and you must immediately destroy any copies you have made of any portion of the Contents.

Any use of the Contents not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, trade secret, privacy, publicity, and other laws.

Except as otherwise stated herein, you may not, without our written permission, âmirrorâ any Contents contained on the Service or any other server and you agree not to reproduce, duplicate, copy, sell, resell, distribute, post, transmit or exploit for any commercial purpose any portion of the Service or the Contents other than as expressly authorized by us in writing. You may not use the Service for any purpose that is unlawful or prohibited by these Terms of Service, including to defame, harass, stalk, threaten, abuse or otherwise violate the rights of a third party as defined by applicable law.

While you are in compliance with these terms, we grant you a non-exclusive, non-transferable, personal, revocable, limited license to access and/or use the Service (but not any related object and source code) for your own personal private and non-commercial use, in each case provided that such use is in accordance with these Terms of Service. You agree not to use the Service for anything else. Tripods are not allowed in Color Factory locations. Commercial filming or photography is strictly prohibited inside Color Factory locations without the express written permission of Color Factory. These Terms of Service also apply to any update or patches which we may release or make available for the Service and any such update or patch shall be deemed part of the Service for the purposes of these Terms of Service.

You agree that you will not remove or modify any acknowledgements, credits or legal notices contained on the Service or in the Contents. Where applicable, you shall include the following copyright notice: âCopyright Â© 2025, Color Factory, LLC. All rights reservedâ.

Any special rules for the use of other items provided on the Service may be included elsewhere within the Service and are incorporated into these Terms of Service by reference. The use of the Contents on any other site or in a networked computer environment for any purpose is prohibited.

You may not use the Service in any manner that could damage, disable, overburden, or impair the Service, or interfere with any other partyâs use and enjoyment of the Service. You may not attempt to gain unauthorized access to the Service through hacking, password mining or any other means.

You may not reverse engineer any aspect of the Service or do anything which might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of the Service. You may not attempt to circumvent any content-filtering techniques we employ or attempt to access any area of the Service that you are not authorized to access. You may not develop any third-party applications that interact with the Service without our prior written consent, including any scripts designed to scrape or extract data from the Service.

We reserve the right, in our sole discretion, to terminate your access to the Service, or any portion thereof, at any time, without prior notice of any kind.

If, for any reason, you create any derivatives, modifications or improvements to the Contents and/or Service (âDerivativesâ), all right, title and interest (including existing and future intellectual property rights) in such Derivatives (âDerivative Rightsâ) vest in us immediately upon creation. You hereby assign to us with full title guarantee all right, title and interest in all such Derivative Rights. You represent and warrant that use by us or our licensees of the Derivative Rights will not infringe the intellectual property rights or other rights of any third party. You must do all things and sign all documents necessary or desirable to give effect to this paragraph.

By visiting Color Factory, you consent to the capture and use of your image and likeness in photos, film, videotape, record, or other medium for any purpose by Color Factory without any payment or consideration by you. Further, you consent to your visit being recorded automatically by video, audio, or other surveillance.Â

If you submit any suggestions, feedback, comments, creative ideas, proposals, plans, or other materials (âImprovementsâ), whether by online, email, phone, or otherwise, you agree that such Improvements are submitted voluntarily and without expectation of compensation or confidentiality. You agree that such Improvements do not violate any third partyâs rights, including, but not limited to, copyright, trademark, privacy, personality, trade secret, or other personal or proprietary right. Further, you agree that your Improvements will not contain libelous or otherwise unlawful, abusive, or obscene material, nor any company virus or other malware that could in any way affect Color Factory or any third party. Color Factory takes no responsibility and assumes no liability for any Improvements provided by you or any third party. You grant Color Factory a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, perform, display, and otherwise exploit such Improvements in any manner, in all media now known or hereafter devised, and for any purpose, including advertising, promotional, and commercial purposes. You also agree to waive any right of approval for our use of the rights granted herein and agree to waive any moral rights that you may have in any Improvements, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights in a manner that interferes with any exercise of the granted rights. Color Factory is not obligated to review, acknowledge, or implement any Improvements you submit.Â

5. Tickets, Refunds, Exchanges, Sales Tax Exemptions

Tickets purchased in connection with the Services, including those from third parties, are NON-REFUNDABLE. All prices and availability of tickets are subject to change without notice. In the event a ticket is listed at an incorrect price, we have the right to refuse or cancel any tickets placed for tickets at the incorrect price.Â

Color Factory reserves the right to refuse or revoke access, without refund, to anyone attempting to use a duplicated ticket, gain admission when visibly impaired or intoxicated, or displaying behavior that is believed to be questionable, in the sole discretion of Color Factory.Â

Guests may reschedule ticket dates and times prior to their scheduled visit, unless otherwise stated on the ticket. Color Factory does not guarantee availability of tickets when a guest seeks to reschedule their visit. Note that exhibits may change from the originally scheduled date and time.Â

There is no change fee for this rescheduled date and time; however, guests would be responsible for any increase in the ticket, taxes, and fees from their original ticket. No refunds or credits will be available when guests reschedule for a date or time with lower prices. Color Factory does not offer exchanges as a credit or gift certificate for future use. Color Factory reserves the right to refuse exchanges in our sole discretion.

All requests for sales tax exemptions must be made prior to the purchase of tickets. Sales taxes may not be refunded after the initial purchase of tickets.

6. The Color Shop

Color Factory may make products available for purchase online or in our locations at The Color Shop. We reserve the right, but are not obligated, to limit sales of products to any person, geographic region, or jurisdiction. Color Factory may also limit quantities of product available for purchase. We do not accept orders from dealers, wholesales, or others who intend to resell items offered by Color Factory.Â

Color Factory reserves the right to discontinue any product at any time. All descriptions and pricing of products offered for purchase are subject to change at any time without notice, in our sole discretion. In the event a product is listed at an incorrect price, Color Factory reserves the right to cancel any orders placed for the product listed at the incorrect price.Â

Color Factory has made every effort to display as accurately as possible the colors and images of products. However, we cannot guarantee that the display of any color will be accurate due to various factors, including your display screen. Color Factory does not warrant that the quality of any products purchased or obtained by you will meet your expectations or that any errors will be corrected.

Returns and exchanges for products purchased in-person must be made in-person. Returns and exchanges for products purchased online may be initiated using the Return Authorization URL in your email confirmation. Products must be returned in original condition with tags with a receipt and within 30 days of purchase. No returns or exchanges on clearance items.Â Â

7. Hyperlinks from the Service

The Service may contain hyperlinks to other websites and webpages (including websites and webpages on which you may make purchases) (âThird-Party Pagesâ), as well as to text, graphics, videos, images, music, sounds, applications, and information belonging to or originating from other third-parties (collectively, âThird-Party Applicationsâ). We do not investigate, monitor, control, or review any Third-Party Pages or Third-Party Applications to ensure their accuracy, completeness, or appropriateness.

We are not responsible for the Third-Party Pages or any Third-Party Applications accessed through the Service. The inclusion of any hyperlinks to any Third-Party Pages or Third-Party Applications on the Service does not indicate our approval or endorsement thereof. If you choose to leave the Service to access any Third-Party Pages or Third-Party Applications, you do so at your own risk. You take full responsibility for using, purchasing or refraining from purchasing and goods or services contained on such Third-Party Pages or Third-Party Applications. If you do purchase goods or services from such Third Party Pages or Third-Party Applications please read their contractual terms carefully before making such purchase. Remember, your contract for those goods or services will be with that third party and not with us.

When you use Third-Party Pages or Third-Party Applications, any personal information you provide will be dealt with under such third partyâs privacy policy.

Some of the links included on our Service might be affiliated links. These links may result in us receiving a fee or commission as a consequence of you clicking through to Third-Party Pages or Third-Party Applications or purchasing goods or services from them.

8. No Reliance on Information

The material and Contents on the Service are provided for general information only. It is not intended to amount to advice on which you should rely. You should obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Service.

Although we make reasonable efforts to update the information on the Service, we make no representations, warranties or guarantees, whether express or implied, that the information and/or Contents on the Service is accurate, complete or up-to-date.

Any reliance on the Services, and any Content therein, is at your own risk.Â

9. Our Liability and Liability of our Licensors and Partners

The use of the Service and/or the Contents is at your own risk. The Contents of the Service could include technical inaccuracies or typographical errors.

We may update the Service and/or may change the Contents at any time. However, please note that any of the Content on the Service may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that the Service, or any of the Contents on it, will be free from errors or omissions.

Subject to applicable law, we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the use or inability to use, the Service or the use of, or reliance on, any Contents displayed on the Service.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Service or to your downloading of any Contents on it, or on any website linked to it.

Except as otherwise expressly permitted herein, you agree not to use the Service for any commercial or business purposes, and subject to applicable law we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity arising out of or related to your use, or the performance of the Service.

To the extent permitted by applicable law, we exclude all conditions, warranties, representation or other terms which may apply to the Service or any Contents on them, whether express or implied.

Nothing in these Terms of Service excludes or limits our liability for death or personal injury arising from negligence, or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.

10. Assumption of Risk

There are certain hazards and risks associated with use of the Service or visiting Color Factory. It is essential that you and your guests use care and follow all instructions, rules, safety signs, and directions, written or verbal, of our staff when using the Service or visiting Color Factory. You are responsible to know your own health and physical condition and limitations thereof, as well as any minor under your care or supervision and your guests.

Color Factory, through the Service, and the Contents therein, as well as our locations, may contain audio-visual effects, strobe lights, or other features that may affect your physical senses and/or your physical condition. Several of our exhibits, such as the ballpit, may require physical interaction or physical exertion. Your own negligence and/or the negligence of others, including running, jumping, climbing, engaging in altercations with other patrons, or otherwise behaving recklessly may also impact your physical condition. Certain illnesses or diseases, such as cold, flu, COVID-19, RSV, and others, may be circulating within the public, and you may be exposed to these contagious diseases by being present in a public place where other people are also present. These hazards are potentially dangerous and involve a risk of injury, illness, disability, or death to you or your guests or the threat of property damage. If you, any minor under your care or supervision, or your guests, use the Service or visit a Color Factory location, you or they do so at your or their own risk.Â

In consideration of Color Factory permitting you, any minors under your care or supervision, and your guests, to participate in, interact with, or visit the Color Factory locations, you, such minors, and your guests voluntarily agree to accept and assume any risks of injury, illness, disability, death, and damage associated in any way with participation in, interacting with, or visiting Color Factory. You hereby fully and irrevocably release Color Factory and its owners, affiliates, employees, agents, and vendors from any and all claims for negligence, premises liability, injuries, death, or damages that may be sustained in connection with your use of the Service or visit to a Color Factory location, and waive any right to bring a claim against Color Factory. Should you or anyone else bring a claim, such claim will be subject to the Indemnity provisions below.

This assumption of risk, release, waiver, and the indemnification below is binding on you, anyone bringing a claim on your behalf, such as your estate, and on guests using the Services, including guests for whom you have purchased an admission ticket. You are responsible for informing your guests of this assumption of risk, release, waiver, and indemnification before allowing them to enter Color Factory.Â

THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY, STATUTE, INDEMNIFICATION, OR ANY OTHER LEGAL OR EQUITABLE THEORY.Â

Notwithstanding the foregoing, the disclaimers herein do not exclude any product liability claims, statutory consumer rights, or damages resulting from Color Factoryâs intentional misconduct, recklessness, fraud or gross negligence.Â

11. Limitation of Liability

NEITHER COLOR FACTORY, NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, VENDORS, AND SERVICE PROVIDERS, SHALL HAVE ANY LIABILITY FOR DAMAGES, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, COMPENSATORY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE, CONTENTS THEREIN, OR VISIT TO COLOR FACTORY LOCATION, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, STATUTE, INDEMNIFICATION, OR OTHERWISE.Â

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM YOUR USE OF THE SERVICE, THE CONTENT, OR VISIT TO COLOR FACTORY LOCATIONS MAY NOT EXCEED THE AMOUNT YOU HAVE PAID COLOR FACTORY FOR THE APPLICABLE SERVICE, CONTENT, TICKET, OR ADMISSION IN THE TWELVE MONTHS PRECEDING THE EVENT FROM WHICH THE LIABILITY AROSE.

ANY CLAIM MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, EXCEPT IN TEXAS, WHERE SUCH CLAIM MUST BE BROUGHT WITHIN TWO (2) YEARS AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE. IN THE EVENT ANY SUCH CLAIM OR CAUSE OF ACTION IS NOT FILED WITHIN SUCH ONE (1) YEAR PERIOD, OR TWO (2) YEAR PERIOD IN TEXAS, SUCH CLAIM SHALL BE FOREVER BARRED. YOU AGREE THAT THESE CONTRACTUAL LIMITATION PERIOD IS REASONABLE AND ENFORCEABLE UNDER APPLICABLE STATE LAWS.

12. Indemnity

You will be responsible for and will be liable to us and indemnify us against any third party liabilities, claims, costs, loss or damage, including our attorneysâ fees and expenses, suffered by us as a result of: (a) your use of the Service and/or Contents other than as permitted under these Terms of Service; (b) your breach of these Terms of Service; (c) you, a guest of yours, or anyone else on your behalf brings a claim for you or your guests in violation of the Assumption of Risk provision above; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities; (e) your violation of the rights of any third party, including any intellectual property rights, publicity, confidentiality, property or privacy rights; and/or (f) any misrepresentation made by you.

13. General

We make no claims that the Contents and/or Service are appropriate or may be downloaded and/or used outside of the United States of America. Access to and use of the Service and/or Contents may not be legal by certain persons or in certain countries.

If you access, use and/or download the Service and/or Contents from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms or any sale of goods carried out as a result of your use of the Services.

The following provisions survive the expiration or termination of these Terms of Service for any reason whatsoever: Our Liability and Liability of our Licensors and Partners, No Reliance on Information, Use Restrictions, Submission of Ideas, Assumption of Risk, Indemnity, Purchases, Viruses, Trade Marks, Applicable Laws, Waiver and Severability, Arbitration, and Complete Agreement.

You may not assign, transfer, or sub-contract any or all of your rights or obligations under these Terms without our prior written consent. Any attempt to do so without our prior written consent will be null and void. If restrictions on the transfer of the Service or tickets for admission under these Terms are not enforceable under the law of your country, then this Agreement will be binding on any recipient of the Service. Color Factory may at any time assign, transfer, or sub-contract all or any of its rights or obligations under these Terms.

No one, nor their spouses, children, parents, or other family members, attorneys, agents, investigators, or representatives, in active litigation or with a dispute against Color Factory may use the Service or visit any Color Factory locations without the express written consent of Color Factory.

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please contact us using the information weâve provided below. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834.

14. Applicable Laws

Subject to the provisions of applicable law, these Terms of Serviceare governed in accordance with the laws of Texas, United States of America, without regard to its conflict of law provisions. You hereby expressly consent and submit to the exclusive jurisdiction of the state and federal courts of the Texas, United States of America for the adjudication or disposition of any claim, action or dispute arising out of these Terms of Service, the Privacy Policy or in connection with any matters related to the Service.

15. Arbitration

The parties shall use their best efforts to settle all actions, disputes, claims and controversies under common law, statutory law or in equity of any type or nature whatsoever, whether arising before or after the date of this Agreement, and whether directly or indirectly relating to: (a) this Agreement and/or any amendments and addenda hereto, or the breach, invalidity or termination hereof; (b) any previous or subsequent agreement between the parties; and/or (c) any other relationship, transaction or dealing between the parties (collectively the âDisputesâ). To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such solution within a period of 60 days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules. Â ALL ARBITRATIONS MUST PROCEED ON AN INDIVIDUAL BASIS, AND YOU HEREBY WAIVE THE RIGHT TO ASSERT OR PARTICIPATE IN A CLASS ACTION ARBITRATION, AND TO ASSERT OR PARTICIPATE IN ANY JOINT OR CONSOLIDATED ARBITRATION OF ANY KIND. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. Such arbitration shall take place in Houston, Texas. Each party shall bear its own costs and expenses and an equal share of the arbitratorsâ and administrative fees of arbitration. The arbitrators will have no authority to award punitive or other damages not measured by the prevailing partyâs actual damages, except as may be required by statute. Any award or order rendered by the arbitrator may be confirmed as a judgment or order in any state or federal court of competent jurisdiction, which includes within the federal judicial district of the residence of the party against whom such award or order was entered.

16. Waiver and Severability

If any provision of these Terms of Service is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any of these Terms of Service shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU WILL NOT BE PERMITTED TO OBTAIN AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND, SUCH AS ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, IMPROVEMENTS, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY COLOR FACTORY OR A LICENSOR OF COLOR FACTORY.

If, for any reason, the arbitration clause above, is ruled invalid or unenforceable, the parties agree that any claims shall be made in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST COLOR FACTORY ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.Â

17. Notice and Take Down Procedures

If you believe the Contents (or any part thereof) accessible on or from the Service infringes your intellectual property rights, you may request removal of those materials (or access thereto) from the Service by contacting us (address identified below) and providing the following information:

identification of the work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work;

identification of the Content that you believe to be infringing your intellectual property rights and its location. Please describe the Content, and provide us with its URL or any other pertinent information that will allow us to locate the Content;

your name, address, telephone number, and (if available) email address.

a statement that you have a good faith belief that the complained-of use of the work is not authorized by the intellectual property rights owner, its agent, or the law;

a statement that the information you have supplied is accurate, and indicating that âunder penalty of perjury,â you are the intellectual property rights owner or authorized representative of the intellectual property rights owner;

a signature or the electronic equivalent from the intellectual property rights owner or authorized representative of the intellectual property rights owner.

Our address for intellectual property rights issues relating to the Service is as follows:

Color Factory, LLC

Attn: Legal Department

12335 Kingsride Lane #408

âHouston, TX 77024-4116

Email: [email protected]

In an effort to protect the rights of intellectual property rights owners, we maintain a policy for the termination, in appropriate circumstances, of users of the Service who are repeat infringers.

18. Viruses

We do not guarantee the Service will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programs and platform in order to access and use the Service. You should use your own virus protection software.

You must not misuse the Service by knowingly introducing viruses, trojans, worms, logic bombs or other material, which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Service, the server on which the Service is stored or any server, computer or database connected to the Service. You must not attack the Service via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may be committing a criminal offense under applicable law. We will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Service will cease immediately.

19. Purchases

Some of the features in our Service may display items, which can be purchased from third parties such as ticketing, and merchandise vendors. If you click on any links to purchase such items you will be re-directed to the relevant website to complete your purchase. The contract for the purchase of these items will be between you and the third party and the terms and conditions of the third party shall apply. We accept no responsibility for any purchases made by you from third party retailers accessed through our Service.

When you use Third-Party Pages or Third-Party Applications, any personal information you provide will be dealt with under such third partyâs privacy policy.

Some of the links included within our Service might be affiliated links. These links may result in us receiving a fee or commission as a consequence of you clicking through to Third-Party Pages or Third-Party Applications or purchasing goods or services from them.

20. Force Majeure

Color Factory shall not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including, but not limited to, natural disasters, war, terrorism, labor disputes, governmental actions, pandemic, epidemic, or internet outage. In the event of such force majeure, Color Factory will use commercially reasonable efforts to resume performance as soon as possible.

21. Termination

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Service, or when you cease using the Service. Color Factory may terminate this agreement at any time, without notice, if, in our sole judgment, you fail or we suspect that you have failed to comply with any term or provision of these Terms. Any prior use of Service or visit to a Color Factory location shall continue to be governed by the Terms of Service then in effect. Upon termination, you will be remain liable for all amounts due up to and including the date of termination. Color Factory may deny you admission or access to the Service upon termination of this agreement. The provisions of these Terms which by their nature should survive termination of your use of the Service, your visit to Color Factory, or any other use shall survive such termination.Â

22. Complete Agreement

Except as expressly provided in a particular notice or disclaimer posted by or on behalf of Color Factory on the Service, these Terms of Service, including the Privacy Policy, constitute the entire agreement between you and us with respect to the use of the Service and Contents.

23. Contact Us

To contact us, please email [email protected].