Last Updated: March 1, 2023
These Terms and Conditions (“Terms”) govern your access to and use of the websites, mobile applications, and other online products and services (collectively, the “Services”) provided by Soucolor® Colored Pencils, Pencils, Markers, Gel Pens (“Soucolor,” “we,” “us,” or “our“).
Please read these Terms carefully before using our Services. By accessing or using our Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.
1. Our Services
Soucolor operates an online store providing art supplies at soucolor.shop and other domains operated by Soucolor (collectively, the “Site“). The Site allows you to browse and purchase various art supplies including colored pencils, gel pens, markers, sketchbooks, paint brushes, and other related products.
You must be at least 13 years old to use our Services. If you are under 13, you may not access or use our Services. If you are at least 13 but under 18, you may only access or use our Services under the supervision of a parent or guardian who agrees to be bound by these Terms.
Our Services are intended for personal, non-commercial use only. You may not use our Services or Site for any commercial purposes without our express written consent.
2. Your Use of Our Services
Your Account. To purchase products on our Site, you may be required to register for an account. When you register for an account, you agree to provide accurate, current, and complete information about yourself. You are responsible for safeguarding and maintaining the confidentiality of your login credentials and agree not to share your account or password with anyone else. You agree to take full responsibility for all activities that occur under your account. You agree to immediately notify Soucolor of any unauthorized use of your account.
Prohibited Uses. You agree not to use our Services or Site to:
- Violate any laws, regulations, or ordinances;
- Infringe our or third party intellectual property rights;
- Distribute spam, malware, or other harmful content;
- Distribute adult content or pornography;
- Harass, threaten, or incite violence;
- Collect or store personal data about others;
- Promote bigotry or discrimination;
- Impersonate others or provide inaccurate information;
- Send bulk or automated messages;
- Engage in gambling, contests, sweepstakes, surveys, pyramid schemes, or chain letters;
- Use bots, cheats, hacks, or third party services to modify or interfere with our Services.
We reserve the right to terminate your access to our Services at any time for any reason.
Order Processing. We strive to provide timely processing and delivery of your orders. However, we do not guarantee any processing times or delivery dates. Processing times may vary based on order volumes, product availability, validation processes, payment issues, or other factors.
Product Information. We strive to provide complete, accurate, and up-to-date information about the products available on our Site. However, we do not guarantee that all product descriptions, photos, pricing, or other content is accurate, complete, reliable, current, or free from error. In the event of any errors relating to the pricing or specifications, Soucolor shall have the right to refuse or cancel any orders in its sole discretion.
Availability. The products offered on our Site are subject to availability and we cannot guarantee that items will be in stock. We reserve the right to discontinue or change specifications, prices, and descriptions for any products listed on the Site at any time without notice.
Errors. We make efforts to provide current and accurate pricing at checkout. However, in the event that an item is mispriced, Soucolor may refuse or cancel any orders placed for that item during that time. If your order is cancelled due to a pricing error, we will notify you and refund your entire payment.
3. User Content
User Content Definition. “User Content” refers to all information, photos, data, text, music, sound, video, graphics, code, or other material of any kind that you upload, post, share, transmit, comment on, or otherwise make available on or through our Services. User Content is your sole responsibility and Soucolor is not responsible for any User Content you submit.
License to User Content. By submitting or posting User Content on our Services, you grant Soucolor and our partners an unrestricted, worldwide, perpetual, irrevocable, non-exclusive, transferable, royalty-free license to use, copy, modify, create derivative works from, distribute, publicly display, and otherwise exploit your User Content in any manner and for any purpose, commercial or otherwise, with or without attribution to you.
Removal of User Content. You can delete your User Content by specifically requesting its removal. However, caching or references to your User Content may take a period of time before fully removed from our systems and services. We are not responsible for retained copies or any uses of your User Content previously authorized by you.
Representations of User Content. You represent and warrant that (1) you have all necessary rights to submit any User Content you provide, and (2) your User Content does not infringe or violate the rights of any third parties.
4. Third Party Links & Content
The Site may contain links to third party websites or resources. Soucolor provides these links only as a convenience and is not responsible for the content, products, or services on or available from those websites or resources, or links they may display. Your access and use of third party linked sites is at your own risk.
5. Intellectual Property Rights
Site Content & Trademarks. All Site design, products, text, graphics, interfaces, and other content, as well as the selection, coordination, arrangement, organization, optimization, and presentation of such content, contains proprietary information owned by Soucolor and our licensors. This may include patents, copyrights, trademarks, trade dress, trade secrets, technologies, and other intellectual property rights.
You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. All other trademarks not owned by Soucolor that appear on the Site are the property of their respective owners.
Copyrights in Site Content. The Site content is protected by copyright laws throughout the world. The reproduction, modification, distribution, or republication of any Site content without prior written consent is strictly prohibited.
6. Fees & Payments
Pricing. Product pricing and availability information is provided on the checkout page prior to completing an order. We reserve the right to adjust pricing and availability without notice.
Payments. You agree to pay all fees and charges specified when you place your orders, including taxes, shipping fees, and any other applicable charges. We accept various forms of payment detailed on the Site.
Automatic Renewal Subscriptions. If you purchase a recurring subscription, it will automatically renew at the end of each billing cycle unless you cancel prior to the renewal date. You authorize us to charge your payment method on file on the first day of each billing cycle to renew your subscription. Contact us to cancel autorenewal of any subscriptions.
Free Trials. We may offer free trials of our paid services. For those offers, we will bill your payment method when the free trial expires unless you cancel prior to expiration.
7. Term & Termination
These Terms remain effective until terminated by you or Soucolor.
You may terminate your legal agreement with Soucolor at any time by discontinuing your use of our Services.
We reserve the right to, in our sole discretion and without notice, deny access, use, or orders submitted through the Site, and terminate your account for any reason. We are not responsible for any loss, harm, injury or damage that may result from our decision to end your access to our Services.
If your account or access is terminated by us, these Terms will still apply and bind you with respect to your prior use of our Services and anything relating to, arising out of or connected with these Terms.
8. Disclaimers and Limitations on Liability
DISCLAIMER OF WARRANTIES. OUR SERVICES AND SITE CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. WE AND OUR LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION PROVIDED BY US SHALL CREATE A WARRANTY.
LIMITATIONS ON LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW: (A) IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, LICENSORS OR AGENTS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOSS OF PROFITS, DATA, USE OR OTHER LOSSES ARISING FROM OR RELATED TO YOUR USE OF OUR SITE OR SERVICES, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) IN NO EVENT WILL OUR TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OUR SITE OR SERVICES EXCEED THE FEES YOU PAID TO US IN THE PAST YEAR.
THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES WILL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Indemnification. You agree to defend, hold harmless and indemnify Soucolor and our subsidiaries, affiliates, officers, directors, agents, partners, employees, licensors, and licensees from any claim or demand, damages, actions, causes of action, fines, fees, or penalties made by any third party arising out of or related to your breach of these Terms or your use of the Services.
9. Governing Law & Disputes
Governing Law. These Terms and any access or use of our Services will be governed by the laws of the state of Tennessee, without regard to conflicts of law principles. Any dispute arising out of or relating to these Terms or our Services will be adjudicated exclusively in the state or federal courts located in Davidson County, Tennessee. You hereby irrevocably consent to personal jurisdiction and venue in these courts.
Informal Process First. In the event a dispute arises between you and Soucolor, we strongly encourage you to first contact us to seek an amicable resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.
Class Action Waiver. You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class action, consolidated action, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
Jury Waiver. Both parties hereby waive any right to a jury trial for any disputes related to or arising from these Terms or our Services.
10. Additional Terms
Entire Agreement. These Terms constitute the entire agreement and understanding between you and Soucolor with respect to use of our Services. Our failure to exercise or enforce rights or provisions in these Terms does not constitute a waiver of such rights or provisions. If any provision of these Terms is found unenforceable, that provision will be removed without affecting the remaining provisions.
Modification. We reserve the right to modify these Terms from time to time. Updated versions of the Terms will be posted on our Site with the “Last Updated” date updated. Your continued use of Services after any changes to the Terms constitutes your acceptance of the new Terms.
Assignment. You may not assign or delegate these Terms or your obligations without our prior written consent. We may freely assign these Terms without notice.
Survival. The disclaimers, limitations on liability, ownership, termination, interpretation, Your Use of Our Services, Indemnification sections will survive any termination or expiration of your relationship with Soucolor.
Headings & Context. The section headings and summaries contained herein are inserted for convenience only and do not constitute a part of these Terms. The language in these Terms will be interpreted in context and does not hold special meaning.
No Third Party Beneficiaries. Our agreement under these Terms is for the benefit of you and Soucolor. No other person or entity may enforce it.
Notice. We may deliver notice to you via the contact information submitted by you or the messaging systems of our Services. You must promptly notify us of changes to your contact information.
Contact Us
Please contact us with any questions regarding these Terms:
Soucolor® Colored Pencils, Pencils, Markers, Gel Pens
PO Box 123
Nashville, TN 37217
United States
Email: [email protected]
