Terms and Conditions | Colorpur's Designer Portal

Please read these terms and conditions (“Terms and Conditions”) and “GUIDELINES DURING YOUR WORK ON COLORPUR WEBSITE” (“Guidelines”) carefully before registering and/or using the www.colorpur.com website (the “Site”).

Terms and Conditions

By visiting, accessing or registering on this Site, you (also referred to as “Designer”) unconditionally accept and agree to be bound by these Terms and Conditions and Guidelines (collectively, the “Terms of Service”). You hereby represent and warrant that you have fully read and understood these Terms of Service without any impairment in judgment resulting from (but not limited to) mental illness, mental handicap, intoxication, medication, or any other health or other problem that could impair judgment. If you do not agree to the Terms of Service, you are not authorized to access or use this Site.

You agree and confirm that the Terms of Service may be amended from time to time without prior notice to you. Please ensure that you periodically update yourself of the current version of the Terms of Service.

Designer acknowledges and agrees that the Site is being provided for use “AS IS, ” and therefore Designer will not have any plea, claim or demand vis-a-vis NG Digital Services Pvt. Ltd. (also referred to as “Colorpur”) in respect to the Site, Colorpur’s members, properties, limitations or compatibility with Designer’s needs. THE USE OF THE SITE IS ACCORDINGLY BEING MADE AT DESIGNER’S SOLE AND ENTIRE RISK, WITHOUT WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY. COLORPUR EXPRESSLY DISCLAIMS ALL WARRANTIES FOR INFORMATION POSTED OR TRANSMITTED AT THE SITE. If Designer decides to provide Designer’s services through the use of the Site, Designer must exercise a reasonable standard of care, at least the same as Designer would exercise in a similar transaction not conducted through the Site, or the standard of care mandated by Designer’s profession, whichever is higher. Designer shall not have any plea, claim or demand against Colorpur, its affiliates, and their respective officers, directors, shareholders, employees, sub-contractors and agents in respect of any services that Designer provides in connection with the Site. Under no circumstances shall Colorpur be deemed the provider or recipient of any services provided by Designer through the Site. The sale or purchase of Designer’s services is accordingly affected at Designer’s sole and entire risk. Designer acknowledges and agrees that Colorpur disclaims any liability with respect to any claim, suit or action brought by a member or any other person in connection with provision of any services by Designer (including, without limitation, representations by Designer as to Designer’s qualifications and designs provided by Designer), and Designer shall indemnify, defend and hold Colorpur (its affiliates, and their respective officers, directors, shareholders, employees, sub-contractors and agents) harmless in connection with any such claim, suit, or action and any damages or expenses arising therefrom or related thereto. Designer also shall indemnify, defend and hold harmless Colorpur, its owners, managers, directors, employees, shareholders, agents, representatives, contractors, partners, advertisers, professionals and affiliates, from and against any and all claims, losses, liabilities, actions, lawsuits and other proceedings, judgments and awards, and costs and expenses (including court costs and reasonable attorney’s and consultancy fees), arising directly or indirectly, in whole or in part, out of Designer’s breach or threatened breach of these Terms of Service, or Designer’s use of the Site.

Colorpur will not be liable for enforcing any agreement that was made between Designer and a member, including but not limited to any Designer fee agreement. Designer will be solely responsible for any agreement made with a member. Designer further acknowledges that Designer will solely be responsible and liable for any damages to any member to whom Designer provides services and where that member suffers damages arising from or related to such services. In the event of a dispute regarding any transaction conducted through the Site, Designer hereby releases Colorpur and its affiliates, and their respective officers, directors, shareholders, employees, sub-contractors and agents from all manner of actions, claims or demands and from any and all losses (direct, indirect, incidental or consequential), damages, costs or expenses, including, without limitation, court costs and attorney’s fees, which Designer may have against one or more of the above parties.

These Terms of Service include all the activities performed by Designer on the Site including but not limited to “Creating and uploading new designs.”

These Terms of Service shall commence from the time you register at the Site and shall be effective till it is voluntarily called off by you or by Colorpur by giving a written notification to the other.

Special Directives:

Designer will abide by the guidelines as mandated by Colorpur from time to time.
Privacy and Confidentiality: Under no circumstances shall Designer divulge any personal details of users to anyone.
Designer shall refrain from illegal practices of plagiarism, copying from other websites or designers, using existing images, using pornographic material etc. in their designs.
In case of any violation reported for any design, Designer shall take all the responsibility to handle the case whether it’s judicial or non-judicial.

Designer represents, warrants and agrees to the following:

Designer will not copy anything from internet or from any other designer’s work.
At all times, Designer, will provide correct and accurate representation of skills, degrees, qualifications, background and other information as prompted by any form at the Site, and Designer will maintain and update all such information to keep it true, accurate, current and complete.
Designer will indemnify, defend, and hold harmless Colorpur (its affiliates, and their respective officers, directors, shareholders, employees, sub-contractors and agents) against all third party claims, demands, proceedings and damages, charges and expenses incurred by Colorpur (including all reasonable attorney’s fees) arising from or incurred by reason of a claim of negligence or malpractice.
Designer will consider the Site as only a software platform provider to showcase Designer’s designs to end users over site and other marketplaces like Amazon and to provide a channel for Designer to collect payment from end users.
Designer will not misrepresent himself/herself or create a misleading name or listing. The aforementioned is an ongoing affirmative obligation for Designer to maintain and update on a regular basis.
Designer will not impersonate any person or entity, or make any false statement regarding Designer’s employment, agency or affiliation with any person or entity.
Designer will not violate any applicable laws, rules, regulations or ordinances, or any provision of any agreement to which it is bound.

The users will pay Designer online for products created by designs of that Designer. Designer receives the money paid by the user online using the technical platform provided by Colorpur. Colorpur acts as a platform to collect the payment on behalf of Designer and retains a portion of the payment for providing the technical platform to Designer.

The parties shall be independent contractors of each other. Nothing contained in these Terms of Service shall be construed as creating any partnership, joint venture, principal-agent, employer-employee or any similar type of relationship between the parties, nor do these Terms of Service make either party the legal representative of the other party for any purpose whatsoever.

These Terms of Service and the parties therein shall be governed by laws of India and all disputes arising out of this agreement shall be subject to jurisdiction of Courts in Bangalore city, India only. The language used shall only be English.

General

If any provision of these Terms of Service shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. Any invalid or unenforceable provision of this Agreement shall be replaced with a provision that is valid and enforceable and most nearly gives effect to the original intent of the invalid / unenforceable provision.
Survival: All the clauses of this Agreement, which by their nature are intended to survive the termination or expiry, shall survive any termination or expiry of this Agreement.

Entire Agreement: These Terms of Service contain the full understanding of the parties and supersedes all other understandings, agreements or conditions, written or oral, regarding its subject matter. The parties acknowledge that they are not relying upon any representations or statements except as specifically set forth in this writing.

EXCEPT FOR THE REPRESENTATIONS EXPRESSLY STATED IN THESE TERMS OF SERVICE, COLORPUR EXCLUDES AND DISCLAIMS, AND DESIGNER WAIVES, ALL WARRANTIES, CONDITIONS OR STATEMENTS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES.

Professional Conduct and Ethics:

It is the expectation of Colorpur that Designer maintain a high degree of professionalism through all means of communications (electronic or otherwise). The Designer shall:

Use and submit their ORIGINAL and GENUINE artworks
Maintain acceptable standards of practice

GUIDELINES DURING YOUR WORK ON THE SITE:

In case Designer is a professional:

Designer should not copy and paste from other websites.
Designer should use a language which is easily understandable and simple.

By agreeing to the Terms of Service above as Designer, you also agree to the end user Terms of Service located at https://www.colorpur.com/pages/terms-of-service

Changes in the Terms of Service

Colorpur reserves the right to change the Terms of Service at any time by posting notice of the changes to these Terms of Service on https://www.colorpur.com/ . You will be deemed to have been made aware of, and will be subject to, the changes to the Terms of Service after such notice has been posted.

Your use of the Site, the services and the Content (as defined in the end user Terms of Service) is subject to the above Terms of Service and end user Terms of Service. If you find these Terms of Service unacceptable in any respect, you are not authorized to access or use this Site.

Last updated: [April 25, 2016]