General Terms of Service

Introduction

These Terms of Service (the “Terms”) describe your rights and obligations as a visitor and user of this web site (https://supermaker.com) (the “Site”). All references in these Terms to “Supermaker,” “we,” “our” or “us” mean Color LLC, a CA limited liability company, which is the owner of this Site and all of its contents. All references in these Terms to “you” or “your” mean you, individually, if you are visiting or using this Site on your own personal behalf, or your organization, if you are visiting this Site as a representative of an organization. By using this Site, you agree to these Terms. If you do not want to agree to the Terms, do not use the Site.

We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the Site following any changes will mean that you accept and agree to such changes. As long as you comply with these Terms, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site. You are only permitted to use the Site for personal, non-commercial use.

Site Content

Unless otherwise explicitly stated, all text, graphics, interfaces, photographs, images, illustrations, designs, audio, video, artwork, and computer code (collectively, the “Content”), including but not limited to the design, structure, selection, coordination, expression, look and feel and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Supermaker, and is protected by trade dress, copyright, patent, and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms, you may not modify, copy, reproduce, publish, transmit, participate in the transfer or sale of, create new works from, distribute, perform, display or in any way exploit any of the Content, without our express prior written consent. You must abide by all additional copyright notices, information or restrictions contained in any Content on the Site.

You may download or copy the Content that is purposely made available by us for downloading from the Site, provided that you (1) not remove any proprietary notice language in such Content; (2) use such materials only for your personal, non-commercial and informational purpose; and (3) make no modifications to any such materials.

User Content and Acceptable Use

If you submit any content to the Site, you represent to us that you have all of the necessary legal rights to submit such content and that it will not violate any law or the rights of any person. We may edit, remove or modify any content submitted by you at our sole discretion, and you waive any rights to having such content edited or modified.

To the extent not otherwise assigned by you to Supermaker, you grant Supermaker a perpetual, nonexclusive, world-wide, irrevocable, royalty-free, sublicensable license to any content submitted by you to the Site, which includes without limitation the right for Supermaker or any third-party it designates to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, communicate to the public, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed, to any such content.

You agree not to upload, distribute or otherwise publish to the Site any content that, in the sole judgment of Supermaker, is libelous, defamatory, obscene, abusive, threatening, false, vulgar, hateful or illegal. You will not impersonate anyone else or otherwise misrepresent your identity, affiliation or status. You will not, without express written consent from Supermaker, upload to, distribute or otherwise publish to the Site any material containing any solicitation of funds, campaigning, advertising or solicitation for goods or services. You will not harm, threaten or harass Site users or the general public in any way. If, in your judgment, any content on the Site is offensive or challenges your beliefs, your sole remedy to avoid such content will be to discontinue using the Site.

If you submit feedback to us through the Site, we may freely use, copy, disclose, license, and distribute any of your feedback in any manner without any obligation, royalty, or restriction based on intellectual property rights or otherwise. None of your feedback will be considered your confidential information, and nothing in these Terms limits our right to independently use, develop, evaluate or market products or services, whether incorporating your feedback or otherwise.

Opinions and other statements by Site users are not the opinions of Supermaker, and Supermaker is not responsible for such opinions and other statements.

Third-Party Linked Sites

The Site may contain links to other independent third-party web sites (“Third-Party Sites”). These Third-Party Sites are provided solely as a convenience to our visitors. Such Third-Party Sites are not under our control, and we are not responsible for, and do not endorse, the content of such Third-Party Sites, including any information or materials contained on such Third-Party Sites.

Related Terms

If you are presented with any additional terms on this Site or click any “I agree” buttons or checkboxes, such additional terms will be deemed to be a part of these Terms by reference. If there is a conflict between these Terms and the terms presented to you in a specific portion of the Site where you make a purchase or click any “I agree” buttons or checkboxes, the latter terms will control with respect to your use of that portion of the Site. Supermaker’s Privacy Policy applies to your use of this Site, and its terms are made a part of these Terms by this reference.

DMCA Copyright Infringement Claim Policy

Supermaker respects the intellectual property of others and requires that users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity.

Supermaker has the right to prohibit infringers from using the Site.

If you believe your work has been copied and posted on the Site in a way that constitutes copyright infringement, please send Supermaker’s Copyright Agent a notification of claimed infringement with all of the following information:

(a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

(b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Site (providing the URL(s) of the claimed infringing material satisfies this requirement);

(c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;

(d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;

(e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and

(f) your physical or electronic signature.

Supermaker’s Copyright Agent for notification of claimed infringement can be reached as follows: Supermaker, LLC, 1355 NW Everett St, Portland, OR 97209, email: hi@supermaker.com.

Upon receipt of a Notification of Copyright Infringement from a copyright owner that contains the required information described in (a) through (f) above, Supermaker will notify the user, if known, of the alleged infringement and remove or disable access to the material that is alleged to be infringing if hosted on the Site. No personal user information is shared with the copyright owner unless required by law.

If Supermaker receives more than one Notice of Copyright Infringement concerning a user, the user may be deemed a “repeat copyright infringer.” Supermaker reserves the right to terminate the accounts of “repeat copyright infringers.”

Procedure to File a DMCA Counter-Claim

If you have received a Notice of Copyright Infringement and you believe that a copyright holder has accused you in error, you may file a DMCA Counter-Claim with Supermaker’s designated agent.

To be effective, a Counter-Claim must be a written communication provided to Supermaker’s designated agent and must include the following information:

(a) A physical or electronic signature of the user;

(b) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

(c) A statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and

(d) The user’s name, address and telephone number, and a statement that the user consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the user’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the user will accept service of process from the person who provided notification or an agent of such person.

Upon receipt of a DMCA Counter-Claim, Supermaker will provide the complaining party with a copy of the DMCA Counter-Claim. When Supermaker receives a Counter-Claim that meets the requirements of the DMCA, Supermaker will process the Counter-Claim in accordance with the requirements of the DMCA.

Accounts, Passwords and Security

If you maintain an account on the Site, you may be required to create a password. You are solely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You must immediately notify Supermaker of any unauthorized use of your account information, or any other breach of security. You may be held liable for losses due to someone else using your account information as a result of your failure to keep such information secure and confidential.

You may not use anyone else’s account information at any time without the express permission and consent of the holder of such account. Supermaker will not be liable for any loss or damage arising from your failure to comply with these obligations.

Supermaker may terminate your account at any time and for any reason, in its sole discretion.

Disclaimers


Supermaker does not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Site by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum or information shall be at your sole risk.

SUPERMAKER DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. SUPERMAKER CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. SUPERMAKER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SUPERMAKER DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD-PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND ANY SUPERMAKER SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY THIRD-PARTY SITES. YOUR SOLE REMEDY AGAINST SUPERMAKER FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Supermaker reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction or other changes.

Limitation of Liability

Except where prohibited by law, in no event will Supermaker be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Supermaker has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms, Supermaker is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Supermaker’s liability shall in no event exceed the greater of (1) the total of any fees paid by you in the six months prior to the date of the initial claim made by you against Supermaker with respect to any service or product offered on the Site, which total amount of fees may be as little as $0.00; or (2) USD $100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnification

You agree to indemnify and hold Supermaker, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries, and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Supermaker by any third-party due to or arising out of or in connection with your use of the Site.

Legal Obligations; Violation of Terms

Supermaker may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interfering with Supermaker’s rights or property, or the rights or property of visitors to or users of the Site, including our customers. We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request.

We also may disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that we may preserve any transmittal or communication by you with us through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or we determine that such preservation or disclosure is reasonably necessary to (1) comply with legal process; (2) enforce these Terms; (3) respond to claims that any such data violates the rights of others; or (4) protect the rights, property or personal safety of Supermaker, its employees, users of or visitors to the Site, and the public.

You agree that Supermaker may, in its sole discretion and without prior notice to you, terminate your account (if applicable) and your access to the Site. Creating an account does not guarantee you access to the Site. You agree that Supermaker will not be liable to you or to any third-party for termination of your access to the Site.

If you breach any of the Terms, Supermaker will have all legal and equitable remedies available to it and may obtain injunctive relief or other equitable relief.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the State of Oregon, without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Multnomah County, Oregon, and you waive any objection to such jurisdiction or venue.

Entire Agreement

The Terms constitute the entire agreement between you and Supermaker with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Supermaker with respect to such use are hereby superseded and cancelled. Supermaker will not accept any counter-offers to these Terms, and all such offers are hereby categorically rejected.

Supermaker’s failure to insist on or enforce strict performance of these Terms shall not be construed as a waiver by Supermaker of any provision or any right it has to enforce these Terms, nor shall any course of conduct between Supermaker and you or any other party be deemed to modify any provision of these Terms. These Terms shall not be interpreted or construed to confer any rights or remedies on any third-parties.

Contact Us

If you need to contact Supermaker, please write us at hi@supermaker.com. When contacting us, you agree to comply with these Terms, and any information you submit to us will be subject to these Terms.

Last updated: February 2023