These are your terms and conditions ("Terms and Conditions") which govern your use of the xColor color conversion system offered via this website (the “Website”) or via an API, together with any and all associated information (the "xColor Service"), unless agreed otherwise in writing with xColor, who offer the xColor Service. An important purpose of these Terms and Conditions is to regulate, as between you and us, the purposes for and the way in which you may use the Website, including our databases or any copies thereof, the xColor Service and our other intellectual property.
xColor is a brand of Specle Limited. A company registered in England and Wales with company number 05981666 and having its registered office at 115 Mare Street, London Fields, E8 4RU, United Kingdom. When we refer to "you" and "your" in these Terms and Conditions we mean the user of the xColor Service and/or the Website. When we refer to "we", "us" and "our" we mean xColor a brand of Specle Limited.
By clicking to accept these Terms and Conditions during the account sign-up process ("Sign-Up Process") you will become a registered user of the xColor Service. By using the Website, you indicate that you accept and agree to be bound by these Terms and Conditions which will form a legally binding contract between you and us. Where you enter into these Terms and Conditions on behalf of your employer you warrant that you have the authority to do so.
- In order to use the xColor Service you are required to complete the Sign-Up Process to set up a user account ("Account") via the Website. As part of the Sign-Up Process you will be required to submit a valid e-mail address and a password which you will use to login to your Account in the future ("Login Details"). Once you have successfully completed the Sign-Up Process you may begin using the xColor Service as soon as your Account has been activated.
- Accounts and Login Details are personal to the registered user to whom they are allocated. They may not be used by any third party. In order to prevent any unauthorised person making use of your Login Details you should ensure that you keep them secret and confidential and under no circumstances should you share them with any other person. You will be fully responsible for any accidental or unauthorised disclosure of your password to any other person and shall bear the risk of it being used by unauthorised persons without your consent. If you believe that your Login Details have been misused or if you believe that the security of the Website has been compromised in any way you must notify us immediately.
- You must not use your Account to send or post any material which is obscene, indecent or unlawful or upload any files that contain software or other material protected by intellectual property laws (or by rights of confidentiality or privacy of publicity, where applicable) unless you own or control the rights thereto or have received all necessary consents. You agree not to upload any files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website, the xColor Service or our equipment or systems.
- We reserve the right to deny or restrict access to your Account or to revoke access to your Account at any time. If you forget your password you can use the "Forgot your password?” section to be e-mailed a reminder.
The xColor Service
- The xColor Service provides a web-based mechanism for you to upload files for color conversion. In order to use the xColor Service you must first open an Account.
- In order to use the xColor Service you must upload a compatible PDF file.
- The xColor Service provides free trial period where you may use the service for free. The trial period is for one Account at a time. The trial is designed to allow an Account to use and test and familiarise themselves with the xColor service.
- xColor reserves the right to terminate or restrict the trial for excessive usage at its sole discretion.
Fees and Refunds
- Some services incorporated within the xColor Service are provided at no charge. Some services are provided as part of a free trial. You will be notified of any fees you are required to pay after the free trial period. via the xColor Service. Fees for use of the xColor Service may be amended from time to time at our sole discretion. You may cancel your account at anytime.
- There are no refunds whatsoever under any circumstances. Once you cancel your account no further charges will be applied or taken from your payment card.
- Where you use a paid xColor Service, you will need to have an active paid subscription and will be asked to pay by credit or debit card. You will receive an invoice to the e-mail address registered for your Account. Where you fail to pay in advance we reserve the right to freeze your Account until full payment is received.
- In the early stages of opening an account, xColor reserves the right to call or communicate with you to verify your details and payment capabilities. In some cases xColor may demand an early payment if there is significant usage before allowing you to continue
- Payment may only be made by credit card or debit card.
- The xColor Service is an Internet-based service. While xColor will make all reasonable efforts to ensure the availability of the xColor Service we make no representations or warranties that your use of or access to the xColor Service will be uninterrupted or error-free. We do not accept any responsibility for interruptions to the availability of the Website or the xColor Service and we shall not be liable for any loss, damage, expense, costs, delays or other liability whatsoever (including without limitation any financial losses such as loss of profit) which you may incur as a result of the Website, any part of it, or the xColor Service, being unavailable at any time for any reason.
- Our customer service operation is via email only and is available on standard UK business days (excluding any day which is a public holiday in the UK). We aim to respond as quickly as possible.
- Color Service support is not available during weekends or during public holidays. For email queries please contact us at firstname.lastname@example.org
Ownership and Use
- You acknowledge that all intellectual property rights (including, but not limited to, copyright, database rights, goodwill and trade marks) in or relating to the contents of the Website or to the form, creation, content, arrangement or design of the xColor Service (the "Intellectual Property"), belong either to us or our third-party licensors, unless otherwise stated. In particular, any trade marks displayed may be registered and nothing contained in these Terms and Conditions or on the Website should be construed as granting any licence or right to use or copy any of the trade marks or Intellectual Property without our prior written permission.
- xColor invests substantial resources in creating or obtaining, maintaining and providing the Intellectual Property, and is highly protective of it. xColor does not assert ownership of the individual profiles provided as part of the xColor Service: those belong to third parties.
- Therefore you agree not to: access the Website or the xColor Service or use any part of the material or content provided on the Website or by the xColor Service to: (i) create or amend your own or a third party’s databases, records or directories; or (ii) provide any kind of commercial information service or any service which competes with the xColor Service; or (iii) pass yourself or anyone else off as connected to us where that is not the case; or (iv) use any automated means to scan, copy, scrape, monitor or otherwise exploit the Website, the xColor Service or the material or content provided on the Website or by the xColor Service; or (v) copy, transmit, distribute, exploit, modify, merge, share or create derivative works of such material or content or use it for commercial purposes, without the prior written consent of xColor and/or any applicable third party licensors.
- You may link to the xColor home page or any other page within the xColor website provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page. We reserve the right to withdraw linking permission without notice.
- By submitting the File to us, you grant us a worldwide, non-exclusive, royalty-free, sub-licensable and transferable licence to use the File in order to provide the xColor Service. You hereby agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to submit the material and to grant us the licence rights set out in this paragraph 7.4. YOU AGREE TO INDEMNIFY US AGAINST ALL LIABILITIES, LOSSES, DEMANDS, DAMAGES, COSTS, CLAIMS, EXPENSES (INCLUDING LEGAL EXPENSES) AND INTEREST SUFFERED BY US, INCLUDING PAYMENT OF COMPENSATION TO A THIRD PARTY AND ITS EXPENSES IN SETTLING SUCH THIRD PARTY CLAIM, AS A RESULT OF ANY FAILURE BY YOU TO COMPLY WITH YOUR OBLIGATIONS IN ACCORDANCE WITH THIS PARAGRAPH 7.4.
- The Website may contain links or references to other websites maintained by third parties. Such links are provided solely as a convenience to you. We are not responsible for the content of any websites that we link to or that have links to the Website, or for the legal consequences of your entering into any contracts with third parties.
Limitation of Possibility
- In no event will we be liable to you or any other person for any loss of profits, loss of savings, loss of data, or any other special, consequential or incidental loss or damage arising out of or relating to these Terms and Conditions, or any other information, product or services furnished by us under these Terms and Conditions or the use thereof, even where we have been advised of the possibility of such loss or damage. Our aggregate liability in connection with any claims howsoever arising out of or relating to these Terms and Conditions, or any other information, products or services furnished by us under these Terms and Conditions will in any event be limited to the amount two hundred and fifty pounds (250) pounds sterling per claim or series of claims. Nothing in these Terms and Conditions shall operate to relieve us from liability for death or personal injury caused by our negligence or that of our employees or agents or any other liability that cannot be excluded by law.
- We reserve the right to make changes to these Terms and Conditions and to the xColor Service at any time. Any such change to the Terms and Conditions will be effective once published on the Website. You should check the Terms and Conditions periodically to ensure that you are familiar with and complying with the current version.
- You acknowledge that the security of information sent via the internet cannot be guaranteed.
- If either we or you are unable to perform any of our obligations under these Terms and Conditions by reason of the occurrence of an event beyond our reasonable control, the party unable to perform its obligations shall be excused from the performance of such obligations for the period equivalent to the delay caused by such event. In the event that the force majeure event continues for more than fourteen (14) days either we or you may terminate these Terms and Conditions. For the avoidance of doubt an inability by you to pay for the xColor Service will not constitute such an event for the purposes of this paragraph 12.3.
- These Terms and Conditions contain the entire understanding between the parties as to the use of the xColor Service and the Website.
- In the event that any of these Terms and Conditions or provisions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will be severed from these Terms and Conditions and the remaining Terms and Conditions will continue to be valid to the fullest extent permitted by law.
- These Terms and Conditions, and any non-contractual obligation arising out of or in connection with them, shall be governed by, and construed in accordance with, English Law and each party agrees to submit to the non-exclusive jurisdiction of the English Courts.