Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES, AND FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US REGARDING YOUR USE OF OUR WEBSITES. IF, FOR ANY REASON, YOU ARE UNABLE OR UNWILLING TO AGREE TO ALL OF OUR TERMS AND CONDITIONS, PLEASE IMMEDIATELY STOP USING OR ATTEMPTING TO USE OUR WEBSITES, BECAUSE IF YOU CONTINUE YOU WILL BE AGREEING TO ALL THE TERMS AND CONDITIONS THAT ARE DESCRIBED OR REFERRED TO BELOW.
PLEASE BE ADVISED THAT THESE TERMS AND CONDITIONS CONTAIN PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN US ARE RESOLVED, WHICH INCLUDES A JURY TRIAL WAIVER AND A CLASS ACTION WAIVER. PLEASE READ THESE PROVISIONS BEFORE USING THE WEBSITES.
These Terms and Conditions include any other terms and conditions that we notify you of when you use or attempt to use our Websites (“Additional Terms”), all of which are incorporated by reference and form a part of our Terms and Conditions for all purposes. Our Websites include all web pages within our Websites and also include backup, mirror, replacement or substitute sites or pages we make available as part of the services we provide. We will refer to each and every feature, function, service, activity, promotion and content on our Websites, individually and/or collectively as “Content.” When we use the term “Websites” it also includes Content unless we specifically say otherwise.
We will refer to users of our Websites, our features, functions and services individually and/or collectively as “users”, “you” or “your” to make reading these materials easier. When you see the word “use” or “using” we mean any time you – directly or indirectly, and with or without the help of any device – attempt to or actually do access, interact, display, view, browse, print or copy, transmit, receive or exchange data, messages, content or otherwise communicate with us or anyone else, including another user, advertiser or any person, firm or business you may encounter. We will also consider you to be using our Websites if you utilize, benefit, take advantage of or interact with any feature, function, service, activity, promotion or content in, on or available through any of our Websites, for any purpose, or if you try to do any of these things.
By using our Websites you are acknowledging you have read and understand the legal agreement you have with us, and unless you immediately stop using or trying to use all of our Websites, you will be signifying your agreement to be legally bound by and comply with all of the terms and conditions that apply to you under these Terms and Conditions.
Ownership and Use of Deutschcolor Websites and Content
We maintain our Websites for your information, education, entertainment, and sales. Our Websites and, except as described below, all Content, is either the property of Deutschcolor or our affiliates, licensors, suppliers, operational service providers, advertisers, agencies or promotional partners (collectively), and are legally protected, without limitation, state laws and regulations, as well as applicable foreign laws, regulations and treaties. To avoid any doubt, when the word “Content” is used it includes, but is not limited to, such things as software, code, design, text, images, photographs, illustrations, animations, audio, video and audio-visual material, art, graphic material, proprietary information, data, databases, service marks, trademarks, trade names, distinctive identification such as logos, the selection, sequence, ‘look and feel’ and arrangement of items and all copyrightable or otherwise legally protectable elements of any and all of our Websites.
Except as set forth in the “Unsolicited Suggestions: They Become Ours and We Have No Obligation to You” section below, you keep ownership to any and all Content that is yours and if you submit or provide Content, these Terms and Conditions do not deprive you or any holder of your or their rights. However, when you do submit or provide Content to us or any of our Websites, you are giving us and the Deutschcolor Entities an unconditional, irrevocable, transferable, royalty free worldwide license to use, display, reproduce, perform, adapt, translate, modify, create derivative works, publish, distribute, disseminate and/or broadcast that Content (“license”) and you are representing and warranting to us you have the right to give us and the Deutschcolor Entities such license. If you do not have the right to license Content as set forth in these Terms and Conditions (or if you are not sure), do not submit or provide Content.
You may only use our Content and Content of other users for your own personal use and you have no right to transfer, assign or use the Content for any other purpose or allow or enable anyone else to do so. Personal use means nothing commercial or even charitable, whether or not money or other compensation or consideration is involved and whether or not it is for your benefit or for someone else. This also means you are not allowed to use, display, reproduce, perform, adapt, translate, modify, create derivative works, publish, distribute, disseminate and/or broadcast Content that is not yours without our express prior written consent. You may not alter, delete or conceal copyright or other notices, even if we let you download, display, print or share the Content with others. Unauthorized or prohibited use of Content may subject you to civil liability, criminal prosecution, or both under federal, state and local laws. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any copyright or other intellectual property right.
Terms and Conditions and Website Changes
We reserve the right to add to, delete or modify these Terms and Conditions, as well as all or part of our Websites, at any time and from time to time by updating or revising this posting. Such revisions shall take effect as of the date of posting. IF YOU USE ANY OF OUR WEBSITES AFTER THE CHANGES BECOME EFFECTIVE, IT MEANS YOU ARE AGREEING TO BE BOUND BY THE CHANGES. WE ENCOURAGE YOU TO CHECK BACK HERE FREQUENTLY SO YOU REMAIN AWARE OF THE CURRENT TERMS AND CONDITIONS THAT APPLY TO YOU.
Unsolicited Suggestions: They Become Ours and We Have No Obligation to You
Deutschcolor likes to hear from consumers and professionals about what they think about our products and we encourage you to contact us. However, we do not accept, evaluate or consider unsolicited ideas, materials, concepts, information, content or suggestions of any kind (“Unsolicited Suggestions”), including, but not limited to, those relating to products, processes, product names, advertising or marketing, nor do we have or accept any obligation, liability or responsibility if you send us any Unsolicited Suggestions of any kind. We have found that this policy and approach avoids potential misunderstanding and dispute, since your Unsolicited Suggestion may seem similar to products, services or activities we undertake or commission, even those previously considered or currently under consideration and whether we implement them or not.
As a result, we have adopted a policy whereby we do not agree to accept, on any terms or under any conditions, Unsolicited Suggestions. Please do not submit, post or send us any Unsolicited Suggestions, because if you do or you attempt to do so (whether you ignore these warnings, or do not read or attempt to understand them), you are agreeing that we can treat the Unsolicited Suggestion as our own, without any obligation of confidentiality, without any restrictions or conditions, and without obligation or liability to you or anyone else. We will be free to use or choose not to use all or any part of any Unsolicited Suggestions you submit for any purpose, any time and anywhere in the world, and we will also have the right to modify, re-purpose, do anything, or refrain from doing anything with respect to such Unsolicited Suggestions, free and clear of any requirements or restrictions of any kind. You should also understand that we will have no obligation to compensate, reward, account to you, notify you or even acknowledge any matters that relate to an Unsolicited Suggestion you submit.
You should consult with your own independent legal advisors concerning your rights or if you are not clear whether anything you wish to submit to us might be covered by the Unsolicited Suggestion policy and terms above.
If, after consultation with your attorney, you believe you have rights to legally protected and proprietary intellectual property which is not covered by the Unsolicited Suggestion policy and terms above, you (or your attorney) can contact us at:
If you are not sure about your rights, consult your legal advisor before submitting anything to us.
Our Websites may allow you to register, create a profile or account and may also enable you to submit, provide, transmit, exchange, communicate and display Content (a “Posting”). By Posting, you represent that you own or have the right to engage in the Posting and you specifically agree your Posting will not violate any law or regulation, these Terms and Conditions, or the right of others.
By Posting, you represent and warrant that: (a) the Posting is original to you or fully cleared for use as contemplated herein; (b) the Posting does not and will not, in any way, violate any of the terms of this agreement; (c) the Posting does not contain any libelous, tortious, or otherwise unlawful information, infringe or violate any copyright or other right, or contain any matter the publication or sale of which will violate any federal or state statute or regulation; and (d) the Posting is not obscene, vulgar, hateful or in any manner unlawful.
Unless explicitly stated otherwise, Posting is for non-commercial purposes only and you may not post in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity. If you believe that any Content on our Websites violates any of these Terms and Conditions, please click here to contact us. We will not respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such information.
Your Posting and any Posting made by someone else under your account, user identification, log-in, password or email is your responsibility and unless and until you notify us that you know or suspect the security of your account, user identification, log-in, password or email may have been compromised, you may be required to defend and indemnify Deutschcolor for any such Postings as set forth in the Indemnification section below. Please notify us immediately if you suspect someone is using your registration, user identification, log-in, password or email address.
Our Websites may allow you to register and create an account in order to access certain Content on our Websites. As part of the registration process, you will choose a user name and password (or we may assign an initial password, which we will give you the option to change).
In addition, when you register you may be automatically subscribed to receive certain email notifications and Content from us (“Automatic Communications”), or we may give you the option to select and receive certain email notifications and Content from us (“Voluntary Communications”). You will always have the option to unsubscribe from Voluntary Communications and promotional Automatic Communications.
You are responsible for maintaining the confidentiality of any user name or password you are required to create. We are not liable for any harm caused or related to the theft or misappropriation of your user name or password, disclosure of your user name and password, or your authorization of anyone else to use your user name or password, and you may be required to defend and indemnify us for any such harm as set forth in the Indemnification section below. You agree to immediately notify us if you become aware or believe there is or may have been any unauthorized use of your user name or password or any other need to deactivate your user name or password due to security concerns.
Right to Terminate
We have the right to discontinue, suspend or terminate your use of our Websites at any time, including any time we determine, in our sole judgment, you or your use of our Websites, your Content or any Posting you make may violate these Terms and Conditions. In addition to any other rights and remedies we may have under these Terms and Conditions, we have the right to: (a) refuse to allow you further Posting; (b) remove, modify, re-format or delete your Posting; (c) revoke your right to use the Websites; and (d) use any technological, legal, operational or other means available to enforce these Terms and Conditions.
Links to Other Websites
If you see or use any links or conduits on our Websites which allow you to browse, redirect or visit any other websites, web pages or other internet or web-based locations, it does not mean that Benjamin Moore is associated with or has endorsed, reviewed or even knows anything about that site or page, and we have no obligation, responsibility or liability to you or anyone else if you go to another web site, page or address outside our Websites, even if a link on our site allowed you to do so. When you leave our Websites, you should confirm the terms and conditions, privacy and other policies that apply to you since Deutschcolor neither controls, nor has any responsibility for any third party sites, their practices or anything associated with their operations. In fact, even if another web site or web page has the Deutschcolor name, logo or other identification normally associated with us, it may or may not be authorized by us and you should not assume it is a Deutschcolor Website, unless it actually says so and the terms and conditions that apply to you are these Terms and Conditions.