colormuse terms of use

TERMS OF USE AGREEMENT

Welcome to Colormuse.ai ("Website"). These Terms of Use ("Terms") constitute a legally binding agreement between you ("User") and Colormuse ("we" or "us"). By accessing or using the Website, you agree to these Terms.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING OUR WEBSITE.

By accessing, browsing and/or using any areas of our Website, you acknowledge that you have read this Agreement, understand it and unconditionally agree to be legally bound by this Agreement and all of the Terms of Use for our Website as contained herein. If you do not agree to be legally bound by this Agreement, do not use our Website.

CHANGES IN TERMS OF USE

We may modify these Terms at any time without prior notice. Your continued use of the Website after changes constitutes acceptance of the modified Terms. We recommend reviewing the Terms regularly.

WEBSITE CONTENTS, PROPRIETARY RIGHTS AND USE RESTRICTIONS

The entire contents of our Website, including but not limited to all designs, content, images, and software (collectively referred to as the "Contents"), are the sole property of Colormuse. These Contents are protected by Dutch and international copyrights, trademarks, trade dress, and other proprietary rights owned by Colormuse and/or its affiliates.

The Contents are copyrighted as a collective work under Dutch copyright laws. Use of our Website does not confer any ownership rights to you, whether by implication, estoppel, or otherwise.

You may use the Website solely for personal, non-commercial purposes, limited to browsing, shopping, and ordering products. Any other use is strictly prohibited. Reproduction, modification, distribution, or commercial exploitation of our Website or its Contents, in whole or in part, is forbidden without prior written permission from Colormuse.

Colormuse reserves the right to correct errors, omissions, or inaccuracies and to update Website content at any time without prior notice, even after order submission. We may cancel or refuse orders containing errors in content, pricing, or availability, regardless of order confirmation or payment processing status. If your payment has been processed for a cancelled order, we will promptly issue a refund.

While Colormuse owns and operates the platform, all artworks displayed and sold through our Website are created by independent Studios and Artists. Colormuse does not claim ownership of these artworks, but rather serves as a platform connecting artists with art enthusiasts.

OWNERSHIP AND USAGE OF AI-GENERATED ARTWORK

All artwork generated through artificial intelligence (AI) on Colormuse is the exclusive property of Colormuse. This AI-generated artwork is intended solely for reference by Colormuse's artists and may not be used or reproduced for any other purpose.

Colormuse retains all rights, titles, and interests in the AI-generated artwork, including copyrights, trademarks, and other intellectual property rights. Users are prohibited from using, reproducing, modifying, distributing, or creating derivative works based on the AI-generated artwork without Colormuse's prior written consent.

By accessing or using the AI-generated artwork on Colormuse, you agree to these terms. Unauthorized use or infringement of Colormuse's rights may result in legal action.

PRICES AND ORDERS

All prices on our Website are in Euro (€) and are subject to change without notice. Advertised prices are for online orders only.

Colormuse reserves the right to refuse, limit, or cancel any order at any time, for any reason, regardless of order confirmation or payment processing status. In case of order cancellation after payment, Colormuse will promptly refund the full purchase amount to your payment method.

COLOR AND PRODUCT DESCRIPTION

Colormuse strives to accurately display product colors on our Website. However, actual colors may vary depending on your monitor's display.

Our oil paintings are hand-painted by individual Studios and Artists partnered with Colormuse, which may result in slight variations between the received painting and the image on our Website. While we aim for accurate product descriptions, Colormuse does not warrant their complete accuracy or currentness, as these descriptions are provided by the Studios and Artists.

If the delivered product significantly differs from its Website description or color, your sole remedy is to return it in undamaged condition within 30 days of the invoice date. Colormuse will refund the purchase price, less shipping and handling costs.

RETURNS and REFUNDS

Customized Products:
Customized products are non-refundable and non-returnable.

Non-Customized Products:
You may return non-customized products within 14 days of receipt for a full refund of the product cost. Return shipping fees are the customer's responsibility.

To initiate a return:

Contact our customer support at service@colormuse.ai
Provide your order number and reason for return
Await further instructions

Return Conditions:

Products must be in new, unused condition with all tags and packaging intact
Return shipping fees will be displayed on the product page before purchase
Refunds will be processed within 14 days of receiving the returned item

For any questions, please contact our support team.

LINKS TO THIRD PARTY WEBSITES AND SERVICES

Our website may contain links to third-party websites ("Linked Sites"). Colormuse does not endorse, control, or take responsibility for the content or services of these Linked Sites.

By using Linked Sites, you agree to:

Direct any concerns about a Linked Site to that site's operators.
Acknowledge that Colormuse is not liable for any content, products, or materials on Linked Sites.
Indemnify and hold Colormuse and its affiliates harmless from any claims, losses, or expenses arising from your use of Linked Sites.

PASSWORD SECURITY

Many activities on our Website require you to register an account with Colormuse and receive a secure password. Colormuse retains ownership of your account and licenses it to you on a limited, non-exclusive basis for the duration of your account activation.

You agree that you are solely responsible for maintaining the confidentiality and security of your account information and password. This may include taking precautions such as restricting access to your personal devices and not disclosing your password to anyone except those you have authorized to use your account.

You accept full responsibility for all activities that occur under your account, including any liabilities resulting from authorized use or from your failure to keep your account secure. You agree to notify Colormuse promptly of any unauthorized use of your account.

USER CONDUCT AND INFORMATION SUBMITTED BY YOU

You agree to access and use our Website only for lawful purposes and not to allow others to use your account for unlawful purposes. You agree to comply with these Terms of Use and all applicable laws when using or purchasing products from our Website. All information you provide must be accurate and truthful. Any conduct that Colormuse determines restricts or interferes with other users' access to the Website is not permitted.

You are prohibited from posting or submitting any material or information ("Comments") through our Website that is unlawful, abusive, obscene, harmful, hateful, harassing, defamatory, or otherwise objectionable, including any material that could give rise to criminal or civil liability under applicable law.

You are solely responsible for the content of any Comments you submit. You agree to indemnify and hold harmless Colormuse, its affiliates, and their respective stakeholders from any claims arising from Comments you submit, post, or transmit to or from our Website.

Any Comments you submit to Colormuse in connection with your use of our Website shall become and remain the property of Colormuse. Such Comments will be treated as non-confidential and non-proprietary, and Colormuse may use, edit, reproduce, disclose, modify, adapt, create derivative works from, display, distribute, and publish any Comments for any purpose, without restriction or compensation to you. This includes, but is not limited to, using Comments for marketing, developing, or manufacturing products.

By submitting Comments, you assign to Colormuse all worldwide rights, titles, and interests in all copyrights and other intellectual property rights in the Comments. You grant Colormuse the right to use your name and location information in connection with any Comments.

PHOTOGRAPH RELEASE

By submitting any photograph or image to Colormuse, you agree to the following:

You warrant that you are the sole creator and copyright owner of the submitted photograph or image, or have obtained necessary rights from the original creator.
You confirm that you have secured written consent from all individuals depicted in the photograph or image for its use.
You grant Colormuse and its partner Studios and Artists the right to use, reproduce, and modify the submitted photograph or image for the purpose of creating oil painting reproductions.
You agree to indemnify and hold Colormuse harmless from any claims arising from our use of your submitted photograph or image.

AGE OF USERS

Users must be at least 18 years old to use our Website. Colormuse does not knowingly market to or solicit information from minors under 18. By purchasing from our Website, you certify that you are 18 years of age or older.

Parents and guardians are responsible for determining the suitability of our Website's content and products for minors. Parental control protections, such as software or filtering services, are commercially available to assist in limiting access to potentially harmful content. Examples include CyberSitter, CyberPatrol, and NetNanny. Colormuse does not evaluate, endorse, or control these third-party services.

You agree to indemnify and hold Colormuse harmless from any claims arising from your use of such parental control services.

TERMINATION

This Agreement remains effective until terminated by you or Colormuse. You may terminate this Agreement at any time by ceasing to access or use our Website. Colormuse may terminate this Agreement immediately without notice if you violate the Terms of Use or applicable laws.

Upon termination:

Your access to our Website will be denied.
You must destroy all materials obtained from our Website, including copies.

You agree to indemnify and hold Colormuse harmless from any claims arising from your termination and subsequent denial of access to our Website.

DISCLAIMER OF WARRANTY

Our website and its contents are provided "as is" and "as available". Colormuse makes no representations or warranties of any kind, express or implied, regarding the website's operation, content, or materials, including but not limited to warranties of accuracy, reliability, completeness, or freedom from errors or harmful components.

To the fullest extent permitted by law, Colormuse disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

LIMITATION OF LIABILITY

By using our website, you agree that your use is at your sole risk. Colormuse shall not be liable for any direct, indirect, incidental, special, or consequential damages arising from the use or inability to use our website, regardless of the basis of the claim.

If any part of this limitation is found invalid, Colormuse's total liability shall not exceed €100.

INDEMNIFICATION

You agree to indemnify and hold harmless Colormuse from any claims, liabilities, costs, and expenses arising from: (1) your use of our Website, (2) your violation of these Terms of Use, (3) content you submit to our Website, or (4) your violation of any third party rights.

JURISDICTION AND APPLICABLE LAW

These Terms of Use are governed by Dutch law. Any disputes arising from or in connection with these Terms of Use or your use of our Website shall be subject to the exclusive jurisdiction of the competent court in Amsterdam, the Netherlands. If you are a consumer, you may also have the right to bring legal proceedings in the courts of your country of residence within the EU.

GDPR Compliance

1. Legal Basis for Data Processing

We process your personal data only on the following legal grounds:

Your explicit consent
Performance of a contract with you
Compliance with legal obligations
Protection of vital interests of you or others
Performance of public interest tasks
Pursuit of our legitimate interests

2. Data Subject Rights

As a data subject, you have the following rights:

a) Right of Access

Confirmation of whether we process your personal data
Copy of your personal data
Information about processing purposes, categories, and recipients

b) Right to Rectification

Correction of inaccurate personal data
Completion of incomplete personal data

c) Right to Erasure (Right to be Forgotten)

Request deletion of data when:

Data is no longer necessary
Consent is withdrawn
Object to processing
Data has been unlawfully processed

d) Right to Restrict Processing

Restrict processing when:

Data accuracy is contested
Processing is unlawful but you oppose deletion
We no longer need the data but you need it for legal claims

e) Right to Data Portability

Receive your data in structured, commonly used, machine-readable format
Transmit data to another controller

f) Right to Object

Object to processing based on specific situations
Object to direct marketing at any time

3. Automated Decision-Making

Right not to be subject to decisions based solely on automated processing
Right to obtain human intervention
Right to express views and contest decisions

4. Data Protection Officer Contact

Email: service@colormuse.ai

Country-Specific Provisions

1. German Users Special Provisions

According to German Federal Data Protection Act (BDSG):

Stricter data minimization requirements
Additional protection for special categories of data
Special provisions for employee data protection
Special provisions for video surveillance

2. French Users Special Provisions

According to French Data Protection Law:

All documents must be available in French
Compliance with CNIL specific requirements
Compliance with Digital Republic Act

3. Dutch Users Special Provisions

Compliance with Dutch DPA guidelines
Compliance with sector-specific regulations
Specific requirements for data breach notifications

4. Belgian Users Special Provisions

Belgian Privacy Commission requirements
Language requirements (Dutch/French/German)
Sector-specific regulations

5. UK Users Special Provisions

According to UK GDPR:

Compliance with ICO guidelines
Post-Brexit data transfer requirements
UK-specific data protection requirements

6. US Users Special Provisions

CCPA compliance (California users)
VPPA compliance (video privacy)
COPPA compliance (children's online privacy)
State-specific privacy law compliance

7. Swiss Users Special Provisions

Compliance with FDPA requirements
Special provisions for cross-border data transfers
Specific obligations for data processors

EXPORT

You agree to comply with all applicable Dutch and EU export control laws and regulations. You will not export or re-export any content, information or software obtained from our Website in violation of these laws.

PRIVACY POLICY

We have a Privacy Policy that explains how we collect and use your information. By using our Website, you consent to the practices described in our Privacy Policy. If you do not agree with our Privacy Policy, please do not use our Website. You can view our Privacy Policy here: [LINK TO PRIVACY POLICY]

GENERAL

This Agreement constitutes the entire agreement between you and us regarding the use of our Website. It supersedes all prior agreements on this subject. If any provision of this Agreement is deemed unenforceable, it shall be modified to the extent possible while the remaining provisions stay in effect. Our failure to enforce any right or provision does not constitute a waiver. Any claim related to our Website or this Agreement must be filed within one year after it arises. Headings are for convenience only and do not affect interpretation. You may not assign this Agreement.

COPYRIGHT INFRINGEMENT CLAIMS

If you believe your copyright has been infringed on our Website, please provide our Copyright Agent with the following information:

Your electronic or physical signature (or your authorized representative's);
Description of the copyrighted work(s) you claim has been infringed;
Description of the allegedly infringing material and its location on our site;
Your contact information (name, address, phone number, email);
A statement that you believe the use is not authorized by the copyright owner, its agent, or law;
A statement, under penalty of perjury, that the above information is accurate and you're authorized to act for the copyright owner.

Contact our copyright agent at service@colormuse.ai