TERMS AND CONDITIONS

Purpose of the terms and conditions

These terms and conditions (“Terms and Conditions”) govern your use of the website https://meetyourcolors.com (“Website”). By using the Website, you accept these Terms and Conditions in full. If you disagree with these Terms and Conditions or any part of them, you must not use the Website.

The Website may use cookies. By using the Website and agreeing to these Terms and Conditions, you consent to the privacy policy published on the Website (“Privacy Policy”), and also acknowledge the legal disclaimer published on the Website (“Legal Disclaimer”).

License to use the Website

Unless otherwise stated, BluHeera AG (“BH”) and its licensors own the intellectual property rights in the Website and material on the Website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages (or images, video, tutorials or any other materials) from the Website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from the Website (including republication on another website);
  • sell, rent or sub-license material from the Website;
  • show any material from the Website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this Website for a commercial purpose;
  • edit or otherwise modify any material on the Website; or
  • redistribute material from the Website

Acceptable use

You must not use this Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, malware, trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Website without the expressed written consent of BH.

You must not use the Website to transmit or send unsolicited commercial communications.

You must not use the Website for any purposes related to marketing without the expressed written consent of BH.

Third party links

You find links to third party goods and services on the Website, as BH is participating in affiliate programs of the selected merchants and service providers (“Merchant”) under the respective commercial terms.

While accessing the goods and services of Merchants via the Website, and conclude purchases with them, the legal contract for the goods and services provided will be made between you and that Merchant and the Merchant’s terms and conditions will apply. BH makes no undertaking that the goods you purchase from Merchants though the Website will be of satisfactory quality, will be delivered, supported, serviced or replaced anyhow under the terms and conditions of the Merchant. Consequently, BH provides no representations or warranties of any type, expressed or implied, in connection with the Merchant’s goods and services. This exclusion does not affect your right to turn to the Merchant with your claims or queries.

User content

In these Terms and Conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to the Website, for whatever purpose (“User Content”).

You grant to BH an irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your User Content in any existing or future media. You also grant to BH the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your User Content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or BH or a third party (in each case under any applicable law).

You must not submit any User Content to the Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint, however described.

BH reserves the right to edit or remove any material submitted to the Website, or stored on servers associated with Meet Your Colors Magazine or the Website, or hosted or published upon the Website.

Notwithstanding BH’s rights under these Terms and Conditions in relation to User Content, BH does not undertake to monitor the submission of such content to, or the publication of such content on, the Website.

No warranties

The Website is provided “as is” without any representations or warranties, expressed or implied. BH makes no representations or warranties in relation to the Website or the information and materials provided on this Website.

Without prejudice to the generality of the foregoing paragraph, BH does not warrant that:

  • the Website will be constantly available, or available at all; or
  • the information on the Website is complete, true, accurate or non-misleading.
  • Nothing on the Website constitutes, or is meant to constitute, professional advice of any kind. If you require advice in relation to any matter you should consult an appropriate professional.

Limitations of liability

BH will not be liable to you under any circumstances in relation to the contents of, or use of, or otherwise in connection with, the Website:

  • for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data,

unless expressly stipulated otherwise by the applicable law.

Unenforceable provisions

If any provision of this Terms and Conditions is found to be unenforceable under the applicable law, that will not affect the enforceability of the other provisions.

Indemnity

You hereby undertake to indemnify BH and to keep indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by BH to a third party in settlement of a claim or dispute on the advice of BH’s legal advisers) incurred or suffered by BH arising out of any breach by you of any provision of these Terms and Conditions, or arising out of any claim that you have breached any provision of these Terms and Conditions.

Breaches of the Terms and Conditions

Without prejudice to BH’s other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, BH may take such action as BH deems appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.

BH may revise these Terms and Conditions from time-to-time. Revised Terms and Conditions will apply to the use of the Website from the date of the publication of the revised Terms and Conditions on the Website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

BH may transfer, sub-contract or otherwise deal with BH’s rights and/or obligations under these Terms and Conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms and Conditions.

Severability

If a provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These Terms and Conditions constitute the entire agreement between you and BH in relation to your use of the Website, and supersede all previous agreements in respect of your use of the Website.

Law and jurisdiction

These Terms and Conditions will be governed by and construed in accordance with the laws of Switzerland, and any disputes relating to these Terms and Conditions will be subject to the [non-]exclusive jurisdiction of the competent Court of Zug.

Zug, May 20, 2019.