Terms of Use
Welcome to the COLORSHOT Premium Spray Paint website, operated by COLORSHOT Premium Spray Paint, an iLoveToCreate Company (“COLORSHOT”) and located at www.mycolorshot.com ("Site"). The following terms and conditions (“Terms”) govern your use of the Site.
By accessing, viewing, or using the content, material, products, or services available on or through the Site, you certify that you have read, understand, and agree to be legally bound by these Terms, as well as our Privacy Policy, each of which is incorporated by reference as if fully set forth herein. You further certify that you are 13 years of age or older and that you have all the necessary rights, power, and authority to enter into this Agreement and perform the obligations set forth under this Agreement. You understand and agree that your use of the Site or any content, material, products, or services made available on or through the Site (collectively, the “Services”) signifies that you fully accept and agree to these Terms of Use.
- Registration
In order to access certain content, material, products, or services on the Site, you may be asked to register and create an account. As part of the registration process, you may be asked to click to agree to these Terms, and may then be asked to select or submit a user name and password. You may also be required to provide us with certain information about yourself, including some types of personally identifiable information, including your legal name, phone number, address, email address, gender, and age. You are responsible for ensuring that your password and account login are kept secret, safe, and secure at all times. COLORSHOT will not be held responsible or liable for any misuse of your account in the event that a third party has access to and uses your password and account login in any way.
When placing an order through the Site, you will be required to provide additional personal information, such as a shipping address, billing address, and payment details. Additional information may be collected by COLORSHOT or its third-party providers at this time for security and anti-fraud purposes. You represent that the personal information you provide to us via the Site is true, valid, complete, and up-to-date in all respects, and you confirm that you are the person referred to in the shipping (unless the item is a gift) and billing information provided. Should any of the information you provide on the Site change, please log in to your account and update such information directly on the Site. Any personal information that you provide to us via the Site is subject to our Privacy Policy, which includes our commitment to GDPR and CCPA compliance.
- Purchases and Returns
Many products or services made available through the Site may be available for purchase. By purchasing products or services made available through the Site, you represent that you have reached the age of majority (which in most states is 18 years old) and have the legal capacity to enter into a contract. If you are under the age of majority or cannot lawfully enter into a contract, you must have your parent or guardian review these Terms and the Privacy Policy, and register or place an order on your behalf. COLORSHOT may use a third-party payment processor to process credit card transactions made through the Site. You are also responsible for paying any governmental taxes imposed in connection with the use of the Site or the purchase of any products or services made available through the Site, including sales, use, and excise taxes (excluding only taxes on COLORSHOT’s net income). To the extent that COLORSHOT is obligated to collect such taxes, the applicable tax will be added to your billing account. All sales are subject to our shipping and return policies, which shall be made available to you on the Site or delivered to you with your purchased goods. All refunds are at COLORSHOT’s sole discretion.
We will gladly accept returns and exchanges of purchases you’ve made from mycolorshot.com within 45 days from your date of purchase – no questions asked!
To be eligible for a return, you must provide proof of purchase from mycolorshot.com or your order number, the product purchased from the site, and the completed return form provided to you by COLORSHOT. You may choose whether you would like a refund or a replacement product. To arrange your refund or replacement product, please contact our COLORSHOT Customer Care Team for instructions on how to return your product.
- General Restrictions on Use
You agree to use the Site and the Services only for purposes that are permitted by these Terms of Use and in compliance with all applicable laws, regulations, and generally accepted practices or guidelines in the relevant jurisdictions. You may only use the Site and Services for your non-commercial, non-exclusive, non-assignable, non-transferable, and limited personal use, and for no other purposes.
You will not (and will not attempt to):
- a) Access any of the Services by any means other than through the interface that is provided by COLORSHOT;
- b) Gain unauthorized access to COLORSHOT’s computer system or engage in any activity that interferes with the performance of, or impairs the functionality or security of the Site, the Services, COLORSHOT’s networks, and computer systems;
- c) Access any of the Site or the Services through any automated means or with any automated features or devices (including the use of scripts or web crawlers);
- d) Access or collect any personally identifiable information, including any names, email addresses, or other such information for any purpose, including, without limitation, commercial purposes;
- e) Reproduce, duplicate, copy, sell, trade, or resell any aspect of the Site or the Services for any purpose; and
- f) Reproduce, duplicate, copy, sell, trade, or resell any products or services bearing any trademark, service mark, trade name, logo, or service mark owned by COLORSHOT in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names, or logos.
- Content
As between you and COLORSHOT, COLORSHOT owns or licenses all information and materials, including logos, designs, titles, phrases, product names, images, illustrations, icons, photographs, and the copyrights, trademarks, service marks, trade dress, and other intellectual property rights associated therewith, in or made available through the Site (“Site Content”), as well as the selection, coordination, arrangement, organization, and enhancement of the Site Content. All Site Content is protected pursuant to copyright, trademark, patent, and other applicable laws. You agree not to remove or alter any copyright notice or any other proprietary notice on any Site Content. As between you and COLORSHOT, all names, trademarks, symbols, slogans, or logos appearing on the Site are proprietary to COLORSHOT or its affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will you have any rights of any kind in or to the Site Content, other than the right to use the Site Content in accordance with these Terms.
Certain features of the Site may allow you to contribute feedback and other information to the Site for access, use, viewing, and commentary by other users of the Site (collectively, “Comments”). By posting Comments, you represent that you have the full legal right to provide the Comments and that use of the Comments by COLORSHOT on the Site, and all other persons and entities, will not: (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, regulation, or agreement; or (c) constitute disclosure of any confidential information owned by any third party. Upon your submission of Comments or other material or information to COLORSHOT, you grant COLORSHOT a worldwide, perpetual, irrevocable, transferable license to access, use, distribute, reproduce, display, modify, create derivative works based upon, and sublicense the Comments, all without any compensation to you whatsoever. For avoidance of doubt, COLORSHOT shall be under no obligation: (1) to maintain any Comments in confidence; (2) to compensate you in any way for your Comments; or (3) to respond to any Comments.
- Errors, Inaccuracies, and Omissions
Occasionally, there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order). We cannot and do not review all communications, products, or services made available on or through the Site, but, although not obligated to, may review, verify, make changes to or remove any Comments, Site Content, or the Site, including information submitted in connection with the Site Content or other features at any time, with or without notice in our sole discretion.
- Disclaimers and Warranties
COLORSHOT reserves the right to change the assortment of items offered and to limit the quantity of items that may be purchased from time to time and at any time, without prior notice. We also reserve the right to alter the terms or duration of any special offers or sale promotions. COLORSHOT is not liable in case of stock outage or unavailability of products. We have made every effort to display as accurately as possible the colors of our products that appear on the Site, but we cannot guarantee that your computer monitor's display of any color will be accurate.
COLORSHOT expressly disclaims, to the fullest extent permitted by law, any express or implied warranties: (i) that the Site, Services