Terms and Conditions of Website use

Please read this document carefully. It contains important information about your rights and obligations, and your access to and use of this website and/or services.

This website is operated by Color Trix, Limited. with its registered office at Holed Stone Barn, Stisted Cottage Farm Hollies Road, Bradwell, Braintree, Essex, United Kingdom, CM77 8DZ (“Color Trix”).

1. Definitions

Services means any functions, facilities, applications, information, or other services available through this website as well as the network service such as Color Finale Connect.

You means any person who accesses or uses the site, with or without the authorization of Color Trix and whether or not you are registered to use this or part of the site or a member or registered user of a service offered through the site.

Terms means these Terms and Conditions of Website use.

This website or “the site” means the website (home page and underlying webpages) or other collection of information and/or the applications operated by Color Trix and available for access via physically linked or wireless networks (including the Internet and networks accessible using wireless application protocol [WAP] or similar technology) through access devices such as PCs, laptop computers, mobile telephones, PDAs, or other network-enabled devices, on which these Terms are posted or expressly referred to in connection with You being requested to agree to these Terms.

Site content means the text, images, videoclips, icons, audio and other content on the site.

Licence means any Color Trix software licence You purchased.

2. Access to and use of the site

By accessing, browsing, or downloading any part of the site or its content, or posting or uploading to the site, or any other use of the site and its content, whether You registered for a Licence or are an unregistered visitor, you agree to comply with these Terms without modification and all relevant applicable laws.

If your access to the site, or to any part of it or to any service that is subject to the payment of a subscription fee, Color Trix may deny or suspend access in the event of late or non-payment of any fee due. You are responsible for obtaining the relevant hardware and software equipment and paying all charges necessary to access and use the site and the services. Access to the site or to the services may be limited to a maximum number of times and/or duration in a given period of time.

To access and view the content on the site, you must be (and you represent that you are) at least 18 years old. If you permit children to access and view the site, you are responsible for supervising such access and determining which content or services may be appropriate for children and which may not. You agree not to access the site by any means other than through the interface that is provided by Color Trix for use in accessing the site.

These Terms are in addition to any terms that may apply to You under a Licence, or other applicable agreements and terms. Where the site or part of the site contains rules, guidelines, codes of conduct, further terms, or other directions to users, You undertake that they shall also comply with such rules, guidelines etc.

In the event of any conflict or inconsistency, these Terms shall prevail. If you do not agree to any of these Terms (or any such other rules, guidelines, etc.), You may not use the site. These Terms may contain provisions that refer to functionalities or services that are not (and are not intended to be) available through the site. To the extent that any provision of these Terms relates solely to such functionalities or services, they shall be of no force or effect and shall not affect the validity of the other provisions.

3. Subscription or charges based on content and/or services

Some or all site content and/or services available on or via the site may be available conditioned on your purchase of a subscription or payment of a one-time charge. If you elect for subscription-based content/services and send Color Trix a subscription application, you represent and warrant that you are at least 18 years old, that all information you submit is true and accurate (including, without limitation, your credit card number and expiration date), and you agree to pay all applicable subscription fees you incur plus all applicable taxes.

You may cancel your subscription to any fee-based content and/or services by contacting Color Trix, subject to the applicable minimum notice or initial contract period as stated in the Licence regarding availability/unavailability of refunds for unused periods.

Except where expressly provided in other applicable terms, where subscription fees, access charges or other fees including one-time charges are levied in respect of services or access to, or download of content from, the site, You shall pay fees in advance at the time, by the means of payment and at the rates stipulated by Color Trix. Where charged, fees are subject to change at any time. Color Trix will make commercially reasonable efforts to inform You of any such changes in advance.

Where You choose via or in connection with the site to download or receive content for which fees are payable, You represent and warrant that your access/receiving device supports such download/receipt and that it is compatible with the format of the requested content. After downloading/sending of such content fees paid in advance shall not be refunded, and subject to any express limitations, You may save the content on the destination device for which it was intended but You are strictly prohibited from saving it elsewhere, editing or modifying it, copying, distributing, or forwarding it to third parties or allowing third parties to access it.

4. Changes to the site and these terms

Color Trix and/or third-party providers may make improvements and/or changes in products, support, services, prices, and/or other site content (including these Terms) at any time, with or without notice.

Color Trix may provide notice of changes to these Terms (or other site content) by displaying notices on the site or other communication means. If You access the site after changes have been posted on the site or otherwise communicated, You shall be bound by such changes as soon as such notices or new Terms are posted to the site or otherwise communicated, even if You do not visit the page on which the change or new Terms are displayed. Frequent review of the site and these Terms is therefore recommended.

“Color Finale” is a registered trademark of Formal Technology Ltd, registered in the US and used with permission. Apple, the Apple logo, and “Final Cut Pro”, are trademarks of Apple Inc., registered in the U.S. and other countries. There may be other trademarks or registered trademarks of respective owners used within the site.

Color Trix does not transfer title to any site content downloaded or used by You. Site content, including its selection and arrangement, is owned by Color Trix and/or its content and technology providers and is protected by copyright and other laws. Limited permission to use site content is specifically conditioned on Your recognition, observance, and retention of all copyright, trademark, and other proprietary notices in site content, and all proprietary and other intellectual property rights of Color Trix and/or its content and technology providers, in site content. You shall not have any ownership rights in any email address, URL or other personal identifier that may be allocated to, or chosen by, You for the purposes of any services available through the site and Your limited rights to use such identifier/address shall continue only for so long as Your registration remains valid for access to the site or the relevant service.

Any unauthorised use or copying of site content, or use of site content that breaches these Terms (or their spirit) may violate trademark, copyright, and other proprietary rights, and civil and criminal statutes. You shall not use any site content (or any other content made available through the site) in any manner that infringes any trademark, copyright, or other proprietary rights. Color Trix reserves all rights with respect to such unauthorised use or breach of these Terms.

6. Warranties

All site content and services are provided “as is” and “as available” and Color Trix expressly disclaims, to the maximum extent permitted by applicable law, any warranties and representations of any kind (warranties) with respect to site content and services, either expressed or implied, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, and non-infringement of third-party intellectual property rights.

Without limitation, Color Trix gives no warranty that site content is appropriate, available, or permitted for use in all locations, that it is virus-free or as to its interoperability with any hardware, software, or content, or as to Your ability through the site to access or interact with any other service providers, networks, users, or informational or computing resources through the Internet. Those who access the site and use site content and/or services are responsible for compliance with all applicable law and regulations, including any applicable local laws.

Although Color Trix has attempted to verify the accuracy, reliability, and currency of all site content, including products, services, support, and other details and descriptions, including those obtained from third parties, Color Trix gives no warranty as to the accuracy of any statements in the site. Any products, support, services, or information at or referred to in the site may be out of date. Color Trix makes no commitment to update site content and disclaims any liability or responsibility for any errors or omissions in site content, except insofar as such disclaimer would be inconsistent with its warranties and other terms and conditions related to product or service sales by Color Trix. Any decisions based on information contained in site content are Your sole responsibility.

Color Trix gives no warranty that functions or services available through and other interactions with the site will be constantly available, uninterrupted, secure, or error-free, that defects will be corrected or that the site or the server that makes it available are free from viruses or other harmful components. Color Trix assumes no responsibility, and is not liable for, any damage to (or loss of data from), or viruses that may infect, your computer equipment or other property on account of your access to, or use of the site, including downloading any images, software, or other site content. If use of site content results in the need for servicing, repair, or correction in equipment or data, You assume all costs in that regard.

Information in site content does not constitute any type of advice and should not be relied upon. Site content containing forward-looking statements or statements of intention should not be relied upon. Color Trix reserves its right not to act in accordance with any such statements.

The site may contain references to specific Color Trix products and services that may be or may not be readily available in a particular country. Any such reference shall not be taken as implying or warranting that any such products or services shall be available at any time in any particular country.

Where applicable law prohibits or limits Color Trix’s exclusion of warranties as set out above, Color Trix excludes, disclaims, and limits such warranties to the maximum extent permitted by applicable law.

7. Transactions with third parties

Where it is possible for You to transact through the site or any linked site with a third party, including a service provider or product seller who is not Color Trix, such transaction shall be, and any rights and obligations shall arise, solely between you and the third party.

8. Limited liability

Color Trix and all other persons involved in creating, producing, hosting, or delivering site content shall not be liable for any direct, indirect, special, incidental, consequential, or punitive damages, including in respect of loss of data, loss of profit, business interruption or time incurred, or damages of any other nature (including arising out of negligence and other torts) that result from the use of, or the inability to use, site content, even if Color Trix or an authorised representative has been advised of the possibility of such damages.

Applicable law may not permit the liability exclusions in this section in all cases. The liability exclusions in this section apply only to the maximum extent permitted by applicable law. In no case will Color Trix’s liability for damage and loss (whether in contract, negligence, tort, or otherwise) exceed the amount You paid for accessing the site (except as otherwise prescribed by mandatory, applicable law).

Nothing in these Terms shall exclude the liability of Color Trix for death or personal injury arising from Color Trix’s negligence.

9. Personal information, privacy, and cookies

The site contains a Privacy Statement that complies with GDPR: LINK TO PRIVACY POLICY. The Privacy Statement is an integral part of these Terms and Conditions of Website Use and regardless of You having read it prior to use of the site whatever the purpose is of doing so, You agree to comply with the Privacy Statement without modification and all relevant applicable laws.

10. Indemnity

User shall indemnify Color Trix and its officers, agents, employees, and service providers and hold them harmless in respect of all losses, costs, proceedings, damages, expenses (including reasonable legal costs and expenses), or liabilities howsoever incurred by any of them as a result of any claim by a third party resulting from a breach or non-observance by You of any prohibition, or restriction on your activities in relation to the site contained in these Terms, or of any undertaking, representation, or warranty of You contained in these Terms and in relation to any claim by any person in respect of matters, responsibilities, or obligations that have been disclaimed by Color Trix under these Terms.

11. Product Pricing and Availability

All prices shown on the site include the applicable VAT rate. Depending on your country of purchase, other local charges and taxes may apply.

Without limiting the above, Color Trix does not make any representations or warranties as to the security of any information (including credit card and other personal information) You might be requested to give any third party through linked websites and You waive any claim against Color Trix with respect to such matters.

12. Press Resources

All images available for download are copyright of Color Trix or licensed by Color Trix. All logos provided are trademark Color Trix, all rights reserved. By copying or downloading or making any use of these images, you agree that your use of it is subject to the following:

Color Trix provides the images “as is” without warranty of any kind, express or implied, including, without limitation, non-infringement or ownership. You, not Color Trix, are responsible for your use of the images.

Where this document is translated into a language other than English, in the event of any dispute arising with respect to its interpretation, the English language version shall prevail.