The use of the www.miracolors.com website (from now on refer as Miracolors, or THIS
WEBSITE) and the sale of products and services offered on THIS WEBSITE are governed
by the Terms And Conditions set forth below and all other disclaimers, guidelines,
policies and Terms And Conditions of sale appearing on THIS WEBSITE. Your use of
THIS WEBSITE in any manner, whether browsing, activating an account with us or making
a purchase, constitutes your acknowledgment that you have read THIS WEBSITE Terms
And Conditions and that you agree to follow and be bound by them. Miracolors reserves
the right to modify or change the Terms And Conditions at any time without prior
notice to you. Therefore, we recommend that you please read them carefully each time
you use THIS WEBSITE.
The Miracolors logos and trademarks, as well as other marks, trade names, trademarks
and logos on THIS WEBSITE, are the properties of their respective owners. You may
not use, reproduce, copy or manipulate such logos in any manner without the prior
written consent of the owner. The entire contents of THIS WEBSITE, including text,
images, music, sound, photographs, video, illustrations, icons, graphics, headers,
data, information and software (collectively, CONTENT) are subject to copyright,
trademark, or other proprietary rights or licenses held by Miracolors or an Miracolors
affiliate or by third parties who have licensed their rights to Miracolors. All
CONTENT is copyrighted as a collective work under the U.S. and international copyright
laws and Miracolors owns, to the fullest extent allowed by such law, the copyright
in the arrangement, coordination, enhancement and selection of such CONTENT or THIS
WEBSITE. Except as provided above, you may not make copy, modify or create derivative
works of the CONTENT. In addition, you may not distribute, publish, transmit, reuse,
re-post, and frame the CONTENT in any manner or sell or attempt to sell the CONTENT.
You may access and view the CONTENT appearing on THIS WEBSITE for personal, noncommercial
use only. You may download and/or copy certain portions of the CONTENT for personal,
noncommercial use only, provided that you:
(a) Retain all copyright, trademark or other proprietary notices contained on the
(b) Do not modify or alter the CONTENT in any way.
(c) Do not make the CONTENT available to any third party.
Miracolors reserves complete title and full intellectual property rights in any CONTENT
that you download from THIS WEBSITE. You agree to use THIS WEBSITE only for lawful
purposes. The following activities are strictly prohibited:
(a) Misrepresenting the identity of a user.
(b) Tampering with THIS WEBSITE.
(c) Conducting fraudulent activities.
SUBMISSIONS TO Miracolors
Any remarks, suggestions, ideas, messages and data submitted to Miracolors through
THIS WEBSITE or other Miracolors affiliated websites (collectively, the MESSAGES)
shall be and remain the exclusive property of Miracolors. Therefore, Miracolors
discourages you from submitting MESSAGES that you do not wish to assign to Miracolors,
including confidential information or any original creative materials such as product
ideas or original works. You represent and warrant to Miracolors, and accept responsibility
for, the accuracy, appropriateness and legality of the MESSAGES. Your submission
of such MESSAGES shall constitute an assignment to Miracolors of all worldwide right,
title and interest in and to all copyrights and other intellectual Property Rights
in the MESSAGES. Miracolors is entitled to use, copy, modify, disclose, distribute
and make derivative use of any of the MESSAGES for any purpose without restriction
or compensation in any way to you.
MODIFICATION OF CONTENT
Miracolors attempts to ensure that the CONTENT on THIS WEBSITE is complete and current.
As indicated in the Disclaimers set forth below, Miracolors does not guarantee
that the information contained on THIS WEBSITE will not contain errors, inaccuracies
or omissions. Such errors, inaccuracies or omissions may relate to price or to product
description. Miracolors reserves the right to correct any error, inaccuracy or omission
or to change or update the CONTENT without prior notice to you. Further, Miracolors
reserves the right to refuse or cancel any orders containing any error, inaccuracy
or omission, whether or not the order has been submitted, confirmed and/or your credit
card has been charged. If your credit card has been charged for the purchase and
your order is canceled, Miracolors shall promptly issue a credit to your credit card.
ALL CONTENT ON THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY ADVICE THAT MAY BE
GIVEN TO YOU OVER THIS WEBSITE, ARE PROVIDED AS IS AND ALL USE OF THIS WEBSITE IS
AT YOUR OWN RISK. Miracolors DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES
AND LIABILITIES OF Miracolors, WHETHER EXPRESS OR IMPLIED, ARISING BY OPERATION OF
LAW OR OTHERWISE, WITH RESPECT TO THIS WEBSITE AND ANY CONTENT ON THIS WEBSITE, INCLUDING,
BUT NOT LIMITED TO, ANY:
(A) IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
(B) IMPLIED WARRANTY OF NON-INFRINGEMENT.
(C) CLAIM IN TORT (INCLUDING NEGLIGENCE).
WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT Miracolors DOES NOT REPRESENT
OR WARRANT THAT THIS WEBSITE WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THIS
WEBSITE OR THE SERVER THAT MAKES THIS WEBSITE AVAILABLE ARE FREE FROM ERRORS, DEFECTS,
DESIGN FLAWS OR OMISSIONS OR FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
Miracolors DOES NOT WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT
PROVIDED IN THIS WEBSITE, INCLUDING ANY ADVICE OR OTHER SIMILAR INFORMATION OBTAINED
BY YOU FROM US OR THROUGH THIS WEBSITE. Miracolors DOES NOT MAKE ANY REPRESENTATION
THAT THE CONTENT PROVIDED IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE
OF THE UNITED STATES.
Miracolors may display advertising prints for products sold through THIS WEBSITE.
Miracolors attempts to display the colors of the products shown on THIS WEBSITE
as accurately as possible. However, we cannot guarantee that the color you see matches
the product color, as the display of color depends, in part, upon the type of computer
monitor used by you.
LIMITATION OF LIABILITY
IN NO EVENT SHALL Miracolors, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUCCESSORS
OR ASSIGNS OR OTHER REPRESENTATIVES BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT
(INCLUDING NEGLIGENCE-WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT
LIABILITY OR OTHER THEORY, TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES (INCLUDING,
WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE
OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, INABILITY
TO USE, OR RESULTS OF USE OF, THIS WEBSITE OR ANY CONTENT ON THIS WEBSITE, EVEN
IF Miracolors OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THIS WEBSITE AND THE CONTENT THEREON, OR THE TERMS
AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS WEBSITE.
IF ANY PORTION OF THIS LIMITATION IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY
REASON, THEN Miracolors TOTAL LIABILITY TO YOU SHALL IN NO EVENT EXCEED ONE HUNDRED
DOLLARS ($100.00). SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CERTAIN TYPES OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATION MAY NOT APPLY TO
THIRD PARTY SIDES
THIS WEBSITE may contain links to other sites that are neither owned nor operated
by Miracolors, although some such sites may have an affiliation with Miracolors (collectively,
THIRD PARTY SIDES). Such links are provided for your convenience only. Miracolors
makes no representations whatsoever about any THIRD PARTY SIDES which you may access
through THIS WEBSITE, as Miracolors has no control over the content appearing on
such THIRD PARTY SIDES. Moreover, links to THIRD PARTY SIDES does not imply and
does not constitute sponsorship, endorsement, approval or responsibility for the
content on, or the use of, such THIRD PARTY SIDES. No rights to use or copy the
information on THIS WEBSITE or THIRD PARTY SIDES is granted or implied. Please Note:
The privacy policies applicable to THIRD PARTY SIDES may differ significantly from
of such THIRD PARTY SIDES.
By accessing and using THIS WEBSITE, you agree that your access and use of THIS WEBSITE
is subject to the Terms and Conditions, and all applicable laws, as governed by the
laws of the State of Florida, without giving effect to any principles or conflicts
of laws. The Terms and Conditions constitute the entire agreement between you and
Miracolors with respect to THIS WEBSITE. The Terms and Conditions supercede all prior
or contemporaneous communications and proposals, whether electronic, oral or written
between you and Miracolors with respect to THIS WEBSITE. No modification of the
Terms and Conditions shall be effective unless it is authorized by Miracolors. If
any provision of the Terms and Conditions is found to be contrary to law, then such
provision(s) shall be constructed in a manner to closely reflect, as much as possible,
the intentions of the parties, with the other provisions remaining in full force