This Terms of Service Agreement (“Agreement”) applies to all websites, apps, presences, and online services owned, maintained, and operated by Salt Water Colours, Ltd. (“Salt Water Colours”) and its owned affiliates, subsidiaries, and brands. These are collectively referred to herein as the Site or Sites. Throughout this Agreement, the terms “we”, “us”, “the company” and “our” refer to Salt Water Colours. We offer this website, including all information, tools, and services available from the Sites to you, the user (“you”, “user”, “customer”), conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Please read these Terms of Service carefully. By accessing or using any part of the Sites, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the Sites or use any of our Services.
Any new features or tools which are added to the Sites shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Sites. It is your responsibility to check this page for changes. Your continued use of or access to the Sites following the posting of any changes constitutes acceptance of those changes.
1. ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority or legality in your state or province of residence, or that you are the age of majority or legality in your state or province of residence and you are giving us your consent to allow any of your minor dependents to use our Sites. IN NO CASE MAY YOU REGISTER FOR THE SITES IF YOU ARE UNDER THE AGE OF 13.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature, including spamming, spoofing, phishing, etc. A breach or violation of any of the Terms of Service may result in a termination of your access to our Services.
2. GENERAL CONDITIONS
You understand that your content (not including credit card information, which is secured), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Sites through which the Service is provided, without express written permission from us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
3. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on the Sites, or any third party or co-branded sites is not accurate, complete, or current. The material on the Sites is provided for general information only and should not be relied upon or used as the basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on the Sites is at your own risk. The Sites may contain dated information. Dated information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Sites at any time, but we have no obligation to update any information on our Sites.
4. MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
5. PRODUCTS OR SERVICES
Certain products or services may be available exclusively online. These products or services may have limited quantities and are subject to return or exchange only according to our Return & Exchanges Policy. We have made reasonable efforts to accurately depict and describe our products that appear on our Sites. We cannot guarantee that colours and images are entirely accurate representations, or that your computer monitor’s or device’s display of any colour will be accurate or colour-matched, as colours, settings, preferences, brightness, and quality vary from device to device. We reserve the right but are not obligated to limit the sales of our products or Services to any geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of the company. We reserve the right to discontinue any product at any time. Any offer for any product or service made on the Sites is void where prohibited by law. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
6. INTELLECTUAL PROPERTY
Salt Water Colours, the School of Fish logo, Picture Paradise and other trademarks, service marks, and trade names indicated on our Sites are trademarks or registered trademarks of the Company. All rights are reserved. Except with our written permission, use is prohibited. All content, including but not limited to text, images, graphics, videos, music, design, and other contents and materials contained on the Sites are the copyrighted property of Salt Water Colours or its third-party licensors to the fullest extent provided under the United States Copyright Act and all international copyright laws. As such, you may not copy, modify, distribute, display, perform, or transmit any of the contents of the Sites for any purpose. Except by written consent of the Company, you may not broadcast, duplicate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of the Sites, or use the contents of the Sites for any commercial or promotional purposes. For usage permission, contact us via email, chat, or social media.
7. COPYRIGHT INFRINGEMENT
If you have reason to believe that your work has been copied and has become available through the Sites in a manner that constitutes copyright infringement, please provide us with the following information:
1. A photo of the original work you believe had been infringed;
2. A photo of the material as it appears on the Site in question;
3. Your contact information, including name, address, phone, and email;
4. A written statement expressing in good faith that you believe the use of the work is not authorized by its owner, its agent, or the law for use on the Site;
5. A statement that the information you are providing is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the copyright that is being allegedly infringed; and
6. A verifiable electronic or physical signature of the copyright owner or a person authorized to claim infringement of the copyright
Please forward the information to:
Salt Water Colours, Ltd.
Attn: Copyright Notification
10 Blue Heron Ln
Downingtown, PA 19335
United States of America
8. ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors without prior agreement. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, so that we can complete your transactions and contact you as needed.
9. OPTIONAL TOOLS
We may provide you with access to third party tools for which we neither have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools if applicable. Any use by you of optional tools offered through the Sites is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms governing tools that are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Sites (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
10. THIRD PARTY LINKS
Certain content, products and services available via our Services may include materials from third parties. Third party links on the Sites may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating their content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third party products should be solely directed to the third party.
11. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any rights of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments and contributions will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service, our email system, or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
12. PERSONAL INFORMATION
13. ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Sites or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability, among other items. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend, or clarify information in the Service or on any related Sites, including without limitation, pricing information, except as required by law. No specified update applied in the Service or on any related Sites should be taken to indicate that all information in the Service or on any related Sites has been modified or updated.
14. PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Sites or their content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related Sites, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene, unethical, or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related Sites, other websites, or the Internet. We reserve the right to terminate your use of the Service at any time for violating any of the prohibited uses.
15. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. IN NO CASE SHALL SALT WATER COLOURS, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify, defend, and hold harmless Salt Water Colours (and our parent if so structured), our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law, or the rights of a third party.
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
All obligations and liabilities of the parties incurred prior to any termination or denial of access to the Service or Sites shall survive such action. These Terms of Service are in effect for our Service and all our Sites. If you do not agree with them, your only available recourse is to not use the Service or Sites. If in our judgment you fail, or we suspect that you have failed to comply with these Terms of Service, we may deny you access to our Service or Sites (or any part thereof) at any time without notice.
19. ENTIRE AGREEMENT
The failure of the Company to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on the Sites or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against Salt Water Colours.
20. GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania in the United States of America.
21. CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website for changes. Your continued use of or access to our Sites or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. These Terms of Service were last updates on February 9, 2023.
22. GIVEAWAYS, CONTESTS, SWEEPSTAKES, ETC
Where an email address and/or additional contact information (username, phone number, etc.) is required to participate in an offering we make available, such as a giveaway, contest, or sweepstakes, Salt Water Colours will not spam, rent, or sell your email and/or contact info. By entering giveaways, contests, sweepstakes, and similar offerings, you grant Salt Water Colours permission to send status updates which may include advertisements, or any reasonable and customary communication by email (or other) to the address or contact info provided. Similarly, you have the right and ability to unsubscribe from our communications at any time. If you experience any technical difficulty in doing so, contact us at firstname.lastname@example.org for assistance.
Unless otherwise indicated, coupons are valid for sixty (60) days from the date of issuance. Unless otherwise stated, coupon codes can only been redeemed one time. Coupons and coupon codes may not be combined with other offers, coupons, or coupon codes. Public posting, sharing, and broadcasting of coupons code is not permitted except where stated. Coupon codes are only valid on the Salt Water Colours website and not at any retail locations or vendor stores. Coupon codes have no cash value and cannot be redeemed for cash. Coupon and coupon code dollar values, if listed as a percentage, are determined at the time of sale, and cannot be applied to past purchases. Use subject to product availability. Not valid for backordered or out-of-stock items. Not redeemable towards gift card purchases. Salt Water Colours reserves the right to exclude selected products.
24. CONTACT INFORMATION AND OWNERSHIP
Questions about the Terms of Service should be sent to us, the owners of this site at:
Salt Water Colours, Ltd.
10 Blue Heron Ln
Downingtown, PA 19335
United States of America