Terms of Service

1 General

  1. By using any of the Colorhat.com products, software, or services available at *.Colorhat (or other top-level domains) (collectively referred to as "Services") provided by tujo ANS ("Colorhat.com"), you agree to be bound by the following terms and conditions ("Terms of Service").
  2. Colorhat.com reserves the right to update and change the Terms of Service at any time without notice. You can review the most current version of the Terms of Service at: http://colorhat.com/about/terms
  3. The failure of Colorhat.com to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
  4. You agree that Colorhat.com owns all legal rights in the Service. You must not remove, modify or obscure any legal notices. You are not entitled to use Colorhat.com’s trademarks (especially Colorhat.com), trade names, brands, domain names, or other distinctive brand features.
  5. Violation of any of the terms below can result in the termination of your account or access to the Services. Violation of any of the terms will also terminate your usage rights of the Services.
  6. If a provision of this agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect: (i) the validity or enforceability in that jurisdiction of any other provision of this agreement; or (ii) the validity or enforceability in other jurisdictions of that or any other provision of this agreement.
  7. These Terms of Service constitute the entire agreement between you and Colorhat.com und replace all previous agreements under this title. There are no verbal subsidiary agreements.
  8. These Terms of Service, and your relationship with Colorhat.com under these Terms of Service, shall be governed by the laws of Norway. You and Colorhat.com agree to submit to the exclusive jurisdiction of the courts located in Oslo, Norway, to resolve any legal matter arising from the Terms of Service.

2 Provision of the Services by Colorhat.com

  1. Your use of the Services is at your sole risk. The Services are provided on an "as is" and "as available" basis.
  2. Colorhat.com does not warrant that (i) the Services will meet your requirements or expectations, (ii) the Services will be delivered uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Services will be accurate or reliable, (iv) any errors in the Services will be corrected.
  3. You understand and agree that Colorhat.com shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to any loss of profit, loss of goodwill, loss of business reputation, loss of data, cost of procurement of substitute goods or Services, or other intangible loss, resulting from: (i) the use or the inability to use the Services; (ii) any changes which Colorhat.com may make to the Services, or any permanent or temporary cessation in the provision of the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through the use of the Services; (v) or any other matter relating to the Services.
  4. Technical support is provided on a best-effort basis and only by e-mail.
  5. You understand that Colorhat.com can use third parties (e.g., hosting partners) to provide the necessary resources (e.g., hardware, software, networking, storage, etc.) to run the Services.
  6. Colorhat.com may stop, remove, modify, or add (permanently or temporarily) Services (or features within Services) at Colorhat.com’s sole discretion. Any new, changed, or removed features are subject to the Terms of Service. Continued use of the Services after any such changes constitute your consent to the changes.

3 Use of the Services by you

  1. You agree to use the Services only for purposes that are permitted by (i) the Terms of Service and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
  2. For certain services, Colorhat.com may offer or require you to register for an account. You ensure that all registration information you provide will always be valid, correct, and up to date. You are responsible for maintaining the security of your account and password. Accounts registered by bots or other automated methods are not permitted.
  3. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
  4. You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose without the express written permission by Colorhat.com.
  5. You agree that you are solely responsible for (and that Colorhat.com has no responsibility to you or to any third party for) any breach of your obligations under the Terms of Service and for the consequences (including any loss or damage which Colorhat.com may suffer) of any such breach.
  6. You agree to Colorhat.com’s privacy policy, as available at http://colorhat.com/about/policy.
  7. Colorhat.com reserves the right (but has no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all content or account from any of the Services at Colorhat.com’s sole discretion. You understand that by using the Services you may be exposed to content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.

4 Advertisements

  1. Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on or made available to the Services.
  2. The manner, mode and extent of advertising on the Services are subject to change without specific notice to you.
  3. You agree that Colorhat.com may place such advertising on the Services.
  4. If you are using a free service, you must not block such advertising.

5 API Terms (The API is not available yet)

Any use of the API is bound by the terms of this agreement plus the following specific terms:

  1. Abuse or excessively frequent requests via the API may result in the temporary or permanent suspension of access to the API. Colorhat.com determines abuse or excessive usage of the API at its sole discretion.
  2. Colorhat.com reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice. Colorhat.com especially reserves the right to limit the number of requests via the API to a certain upper limit per time interval.
  3. Colorhat.com reserves the right to at any time transform the API into a paid service and start billing for certain or all requests to the API. In such a case, you will be given the choice to discontinue using the API or continue using the paid service.

6 Plugin Terms

Any use of downloadable plugins (e.g., Outlook plugin) is bound by the terms of this agreement plus the following specific terms:

  1. A plugin may automatically download and install updates from Colorhat.com. These updates may be bug fixes, enhanced functions, new software modules, and completely new versions. You agree to receive such updates (and permit Colorhat.com to deliver these to you) as part of your use of the Services.
  2. Colorhat.com reserves the right to at any time transform any or all plugins into a paid service and start billing for certain or all use of the plugin(s). In such a case, you will be given the choice to discontinue using the plugin(s) or continue using the paid service.

7 Branded Colorhat.com Terms

Any use of Branded Colorhat.com is bound by the terms of this agreement plus the following specific terms:

  1. Branded Colorhat.com is billed in advance and is non-refundable. There will be no refunds or credits for partial months of service, downgrade refunds, or refunds for months unused.
  2. Abuse or excessively frequent requests via a Branded Colorhat.com account may result in the temporary or permanent suspension of the account. Colorhat.com determines abuse or excessive usage at its sole discretion.
  3. A non-ads-free Branded Colorhat.com is a free site that features an organization’s logo in addition to the Colorhat.com logo. To use Branded Colorhat.com, you must either (i) be a legal entity, or (ii) link to your Branded Colorhat.com site from a publicly available web site.
  4. An ads-free Branded Colorhat.com is a site which displays no advertising. Such an account must always have meaningful access control (based on your organization’s e-mail address domains, IP address ranges, or passwords) in place, which will restrict the possibility to create new polls to authorized users (i.e., the users within your organization). Unless stated otherwise in a separate agreement with Colorhat.com, you must not make an ads-free Branded Colorhat.com site available to the general public.
  5. Branded Colorhat.com allow you to choose a name for your Colorhat.com site. You understand that Colorhat.com can rename your account, e.g., if you intentionally or unintentionally interfere with a trademark owner.
  6. Every Branded Colorhat.com site must adhere to the design guidelines defined by Colorhat.com. Unless stated otherwise in a separate agreement with Colorhat.com, a Branded Colorhat.com site must not change the user interface either with regard to content, functionality, or design (colors, sizes, layout, etc.).
  7. Colorhat.com reserves the right to temporarily or permanently suspend an account immediately if any of these terms are violated. Colorhat.com determines violation at its sole discretion. If an account is to be suspended, Colorhat.com will make a reasonable attempt by e-mail to warn the account owner prior to suspension.
  8. A Branded Colorhat.com is always associated with a MyColorhat.com account. All communication will be directed to the e-mail address associated with that MyColorhat.com account. You are responsible to keep your MyColorhat.com account information up-to-date.

8 Modifications to the Prices

  1. Prices of all Services are subject to change. If they change, the changes do not affect running subscriptions but will take effect only for any subsequent subscription period you choose to purchase.
  2. Colorhat.com is not liable to you or to any third party for any price change.

1st August 2009