Calm Coloring
Terms of use
Last Updated: 29/03/2019
These terms of service (the "Terms") govern your access to and use of Calm Coloring mobile application, therefore we kindly ask you to carefully read them before you register and use Calm Coloring services, which Calm Coloring ("we," "us," "our," or "Calm Coloring") provides through our software, application or otherwise (all of which collectively are referred as the "Calm Coloring Services").

Please note that the Terms constitute a binding legal agreement between you and Calm Coloring. By installing the application, registering for and/or using the Calm Coloring Services you agree to be bound by these Terms. It is only under these Terms that Calm Coloring allows users (the "users") to use Calm Coloring Services. If you do not agree to these Terms or any provisions hereof, please do not use our mobile application and/or any of our products or services.

If you are using the Calm Coloring Services on behalf of an organization, you are agreeing to these Terms for that organization and acknowledging that you have the authority to act on behalf of that organization and commit to these Terms on behalf of that organization.

Calm Coloring Services are entertainment app services. We do not condone any unlawful use of the Calm Coloring Services. Calm Coloring Services shall not be used for any criminal, illicit and illegal acts, and you accept and agree not to violate any law of any jurisdiction that you are originating from and any other applicable law. It is your (user's) responsibility to know and comprehend any and all relevant laws related to any jurisdiction or venue that concerns you, your actions and your use of Calm Coloring Services.By using Calm Coloring Services, you agree to the whole Calm Coloring Terms of Service including all said general provisions incorporated by reference.

Calm Coloring may modify the Terms from time to time. The Terms are binding from the time that they are updated on our website. It is your responsibility to check and read current Terms periodically. The amendment of Terms may be communicated to you by sending an email, a push notification and/or by publishing the updated Terms on the Calm Coloring website.

If you have questions or concerns regarding these Terms please contact us at [email protected]

Our services

Calm Coloring Services are entertainment app services. It contains a variety of black and white pictures which can be colored with a special painting instrument. You are solely and exclusively responsible for the use of the Calm Coloring Services. Calm Coloring will not be liable in any way or form for actions done by its users including criminal liability and civil liability for harm executed or not executed. Calm Coloring liability is further limited by other provisions of these Terms.

We grant you a permission to use the Calm Coloring Services subject to the restrictions set forth in these Terms. Your use of the Calm Coloring Services is at your own risk. The Calm Coloring Services may be modified, updated, interrupted or suspended at any time without notice or liability. We do not bear any liability for any monetary or non-monetary harm or other adverse consequences to you, caused by this. Calm Coloring, its owners, employees, agents and others that are involved with the Calm Coloring services are not in any way or form liable for any harm of any kind executed or not executed, resulting from or arising through or from the use of any account registered with Calm Coloring services.

No-logs policy

Calm Coloring guarantees a strict no-logs policy for Calm Coloring Services, meaning that your activities using Calm Coloring Services are provided by automated technical process, are not monitored, recorded, logged, stored or passed to any third party. We do not store connection time stamps, session information, used bandwidth, traffic logs, IP addresses or other data.

Calm Coloring does not condone or endorse any unlawful, illicit, criminal or fraudulent activities perpetrated by using the Calm Coloring Services. Therefore, Calm Coloring reserves the right to suspend or terminate an account in case Calm Coloring would find out about any violation of the Terms of Service.

Intellectual property rights

We retain all right, title and interest in and to the Calm Coloring Services app and any portion thereof, including, without limitation, all copyrights, trademarks, service marks, trade secrets and other intellectual property rights for the app. You shall not take any action to jeopardize, limit or interfere in any manner with our ownership of and rights with respect to the Calm Coloring Services. All rights are reserved unless otherwise noted.

Subject to the terms and conditions of these Terms, we grant you a limited, non-exclusive, personal, non-transferable, non-sublicensable, license to: (1) download and use a copy of the Calm Coloring mobile application; and (2) use the Calm Coloring Services, including, without limitation, the products and services made available on or through the Calm Coloring software. No other right or license of any kind is granted to you hereunder with respect to the Calm Coloring Services. The license provided herein is effective until terminated. This license automatically terminates if you fail to comply with these Terms.


Payments

If you purchase an auto-recurring periodic subscription through an in-app purchase, your App Store account will be billed continuously for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your App Store account and follow instructions to cancel your subscription. If you cancel your subscription or your account, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you won't be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.

Calm Coloring reserves the right to suspend or refuse service to anyone at any time for any reason. No refunds will be considered for accounts terminated for violation of these Terms.


Prohibited and restricted uses

While using the Calm Coloring Services you yourself agree not to, and agree not assist, encourage, or enable others to use the Calm Coloring Services:
• for unlawful, illicit, illegal, criminal or fraudulent activities, including but not limited to port scanning, sending spam, sending opt-in email, scanning for open relays or open proxies, sending unsolicited e-mail or any version or type of email sent in vast quantities even if the email is routed through third-party servers, any pop-up launching, use of stolen credit cards, credit card fraud, financial fraud, cryptocurrency fraud, cloaking, extortion, blackmail, kidnapping, rape, murder, sale of stolen credit cards, sale of stolen goods, offer or sale of prohibited, military and dual use goods, offer or sale of controlled substances, identity theft, hacking, pharming, phishing, scraping in any form or scale, digital piracy, intellectual property infringements and other similar activities;
• to assault, interfere, gain unauthorized access, deny service in any way or form to any other network, computer or node through Calm Coloring Services;
• to exploit children in any way, including audio, video, photography, digital content, etc.;
• to upload or distribute in any way files that contain viruses, worms, trojans, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
• to interfere with or attempt to interfere with the proper working of the Calm Coloring Services, any transactions being offered in connection with the Calm Coloring Services or any other activities conducted by us, disrupt our website or any networks connected to the Calm Coloring Services, or bypass any measures we may use to prevent or restrict access to the Calm Coloring Services;
• to exploit the Calm Coloring Services in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity;
• to collect or harvest personal information about other users of the Calm Coloring Services;
• to collect or harvest personal data of individuals, without legitimate interest or consent, or in violation of any applicable law;
• to take any action that imposes or may impose an unreasonable or disproportionately large load on our infrastructure;
• to share any data or other content with any unreasonably large number of persons, including without limitation sending blast communications to a large number of recipients or sharing content with persons you do not know or who do not know you;
• to represent that you are the representative or agent of any of the Calm Coloring Services, including any of its functionality;
• to incorporate the Calm Coloring Services or any portion thereof into any other program or product;
• to copy or reproduce, in any form or by any means, any part of the Calm Coloring Services;
• to modify, translate, reverse engineer, decompile, disassemble, or create any derivative works based on the Calm Coloring Services, including any of its files or documentation, or any portion thereof, or determine or attempt to determine any source code, algorithms, methods or techniques embodied in the Calm Coloring application or any portion thereof;
• to violate general ethic or moral norms, good customs and fair conduct norms;
• to violate any third party's rights, including any breach of confidence, personal data, copyright or any other intellectual property or proprietary right;
• to threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
• to attempt to manipulate the Calm Coloring name, services or products;
• to solicit or harvest personal information from or communicate with minors;
• to attempt to gain unauthorized access to the Calm Coloring Services, user accounts, computer systems or networks connected to the Calm Coloring Services through hacking, password mining, brute force or any other means;
• to otherwise infringe or circumvent these Terms.

We reserve the right to refuse service, suspend accounts or limit access to the Calm Coloring Services in our sole discretion. Such suspension or access limitation may be implemented by Calm Coloring instantly and without any indication, notice or refund. We may suspend your account for clarification, investigation or request you to explain your actions and provide additional information. If your account has been suspended, you must contact us for further information. We may suspend your user account for a reasonable period of time before we terminate a user account permanently.

We are under no obligation to enforce the Terms against you. We encourage you to let us know about the violation of these Terms by any Calm Coloring users; however, in case of such violations we may take appropriate action at our sole discretion.


User data

You agree to read our Privacy Policy, which explains what type of information we collect and what might happen to that information, including, without limitation, how such information is shared and used. Our Privacy Policy contains information that you should review prior to using the Calm Coloring Services. Our Privacy Policy will apply to the information we collect, whether or not you choose to read it.


Disclaimer of warranties

Reasonable efforts are taken to improve the accuracy and integrity of the Calm Coloring Services, but we are not responsible for downtime, loss of data, corrupt data, service delay, mistakes, out-of-date information, or other errors. Notwithstanding any other provision of these Terms, we reserve the right to change, suspend, remove, or disable access to the Calm Coloring Services, or any functionality comprising a part of the Calm Coloring Services at any time without notice. In no event will we be liable for making these changes. We do not warrant, and will not have any liability or responsibility for your use of Calm Coloring Services or other the products or services we provide.


THE CALM COLORING SERVICES ARE PROVIDED "AS IS" AND WITH ALL FAULTS. WE MAKE NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE COMPLETENESS, ACCURACY, ADEQUACY, SUITABILITY, FUNCTIONALITY, AVAILABILITY, OR OPERATION OF THE CALM COLORING SERVICES. YOU ACKNOWLEDGE THAT WE DO NOT HAVE CONTROL OVER YOUR USE OF THE CALM COLORING SERVICES, AND WE DO NOT WARRANT THE PERFORMANCE OR RESULTS THAT MAY BE OBTAINED THROUGH YOUR USE OF THE CALM COLORING SERVICES. YOU ASSUME ALL RISKS AND RESPONSIBILITY FOR YOUR USE OF THE CALM COLORING SERVICES AND FOR ANY LOSS OF OR ERRORS IN ANY DATA OR INFORMATION. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE CALM COLORING SERVICES WILL NOT INFRINGE THE RIGHTS OF ANY THIRD PARTIES, NOR THAT THE CALM COLORING SERVICES WILL BE AVAILABLE FOR YOUR ACCESS OR USE, NOR THAT OPERATION OF THE CALM COLORING SERVICES WILL BE ERROR FREE OR UNINTERRUPTED. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN ADDITION, YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM ONE JURISDICTION TO ANOTHER JURISDICTION.

We shall not be responsible or have any liability for any delay or failure to perform to the extent due to unforeseen circumstances or causes beyond its reasonable control, including, without limitation, failures of your telecommunication or internet service providers, Force Majeure, earthquakes, fires, floods, embargoes, labor disputes and strikes, riots, war, novelty of product manufacture or other unanticipated product development problems, and acts of civil and military authorities.


Limitation of liability

There are inherent risks in relying upon, using, transmitting or retrieving any data and/or content on the Internet, and we urge you to make sure you understand these risks before using the Calm Coloring Services.


Indemnification

You agree, at your own expense, to indemnify, defend and hold harmless Calm Coloring, its parents, subsidiaries and affiliates, and their officers, directors, employees, agents, distributors and licensees, from and against any judgments, losses, deficiencies, damages, liabilities, costs, claims, demands, suits, and expenses (including, without limitation, reasonable attorneys' fees, expert witness fees and expenses) incurred in, arising out of or in any way related to your breach of these Terms, your use of the Calm Coloring Services, or any of your other acts or omissions.


Miscellaneous

We reserve the right to modify and update these Terms at Our sole discretion, at any time, for any or no reason, and without liability, as indicated below

.We also reserve the right to modify, update, or suspend the operation of the Calm Coloring Services at our sole discretion, at any time, for any or no reason, and without notice or liability.

All users of Calm Coloring Services are obliged to ensure that they are familiar with the most current wording of the Terms. Since you agree to be bound by these Terms each time you use the Calm Coloring services, please consider reviewing the Terms each time you use the Calm Coloring services. Each update of the Terms comes into force as of the moment when it is published on this web page. You understand and agree that any continued use and access to the Calm Coloring Services after any updates to these Terms are published, means that you voluntarily agree to be bound by the updated Terms.If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.

You may not assign or transfer your rights or obligations under these Terms to any third party.


These Terms and your use of the Calm Coloring Services are governed by the laws of Russian Federation, without regard to its choice of law provisions. You agree that the courts of general jurisdiction located in Samara, Russian Federation, will have exclusive jurisdiction over any and all disputes arising out of or relating in any way to these Terms or the Calm Coloring Services.

If you have questions or concerns regarding these Terms please contact us at [email protected]


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