Terms of Service – Persimmons Studio

Welcome to Persimmons Studio LTD. Please review these Terms of Use, which constitute a binding license agreement (“Agreement”) between you and Persimmons Studio Ltd. (“Persimmons Studio”, “we,” “us,” or “our”) and conditions your use our websites and apps. We have tried to avoid unnecessary legal verbiage and hope that you understand we are simply trying to protect our rights in order to provide you with access to the content available on our sites and apps. If you do not wish to be bound by this Agreement after you have read it, please leave our sites and apps. If you remain at our sites and apps or return thereafter, you agree to be bound by this Agreement.
You and other users of our sites and apps have access to thousands of coloring pages, pictures, video files, and articles.

Responsible Conduct. You agree to act responsibly at our sites and apps and to treat other visitors with respect.
Limited License. Original material that we post on our sites and apps is protected by intellectual property laws. You are hereby granted a non-exclusive license to use the coloring pages, videos, articles, and other content on our sites and apps (“Content”), but only while accessing our sites and apps. You are also granted a limited license to print copies of any Content posted at this Site, but only for your personal use. Except as expressly provided above, all rights are reserved. Among other things, except to the extent required for the limited purpose of reviewing material on our sites and apps, electronic reproduction, adaptation, distribution, performance or display of the Content is prohibited. Commercial use of any of our Content is strictly prohibited. Use of our trademarks as metatags on other websites is also strictly prohibited. You may not display our sites and apps in frames (or any of the Content via in-line links) without our express written permission, which may be requested by contacting us at copyright@persimmons-studio.com
Using our sites and apps.
Eligibility. In the event we offer any fee-based services on our sites and apps, those fee-based services may only be used by and are limited to individuals who can form binding contracts under applicable law.
Membership. We may request that you open an account to access certain areas of our sites and apps. You must create an account to access these areas. When creating an account, you must provide us with accurate and complete registration information as prompted. You must promptly notify us if any of this information changes. If you fail to provide or update this information, we may terminate your right to access our sites and apps. You may be asked to create a password. You must keep your password confidential. You will be responsible for all use of your password and account, including, without limitation, any use by any unauthorized third party. You must notify us if you believe your password or account has been obtained or may be accessed or used by an unauthorized person or entity. In addition, you must notify us immediately if you become aware of any breach or attempted breach of the security of our sites and apps. We recommend that you change your password often. Under no circumstances should you respond to a request for your password, particularly a request from an individual claiming to be our employee as we will never ask you for your password.
Material Which You Post or Store.
Prohibited Material. You agree not to post or store on our sites and apps any software, information, data, databases, music, audio, video or other audio-visual files, photographs, images, documents, text, digital files or other material (“Material”) which violates or infringes anyone’s intellectual property rights (including copyrights, trademarks, trade secrets, patents, publicity rights or (to the extent protectable) confidential ideas) or which violates any law or which is obscene, obscene as to minors, child pornography, defamatory, racist, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.
License, Representation and Warranty. By posting Material to our sites and apps, you hereby grant us an irrevocable, perpetual, non-exclusive, royalty free worldwide license to reproduce, adapt, distribute, perform (either publicly or by digital audio transmission) or publicly display all or any portion of the Material on our public websites. You further represent and warrant that you own all rights to such Material.
Removal Right. You expressly agree that we may remove, disable or restrict access to, or availability of, any Material from our sites and apps (including, but not limited to, Material which you have posted or stored) which we believe, in good faith and in our sole discretion, violates the terms of this Agreement (whether or not we are in fact correct in our assessment) or which is the subject of a notification duly sent to us pursuant to the Digital Millennium Copyright Act (“DMCA”). If you believe we may have acted mistakenly with respect to certain Material, you may contact us at copyright@persimmons-studio.com, in which case we may investigate the matter further. We reserve the right however, to take no further action. Under no circumstances may we be held liable for removing, disabling, or restricting access to or the availability of Material.
Linking to our sites and apps and Social Media Features. You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. Our sites and apps may provide you with certain social media features that enable you to: (i) link from your own or certain third-party sites to certain Content on our sites and apps; (ii) send electronic mail or other communications with certain Content, or links to certain Content, on our sites and apps; or (iii) cause limited portions of Content on our sites and apps to be displayed or appear to be displayed on your own or certain third-party sites. You may use these features solely as they are provided by us and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Notwithstanding the foregoing, you must not (i) establish a link from any site that is not owned by you; (ii) cause our sites and apps or any portions of it to be displayed by framing, deep linking, in-line linking or similar methods on any other site; (iii) link to any part of our sites and apps other than the homepage; or (iv) otherwise take any action with respect to the Content on our sites and apps that is inconsistent with any other provision of this Agreement. You agree to cooperate with us in causing any unauthorized framing or linking to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our sole discretion.
Video Player. You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the video player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the video player. This restriction includes, without limitation, disabling, reverse engineering, modifying, interfering with, or otherwise circumventing the video player in any manner.
Customer Service. We have no obligation to provide you with customer support of any kind. However, we may provide you with customer support from time to time, at our sole discretion.
Good Samaritan Third-Party Policy & Complaint Procedures.
Policy. We do not tolerate any acts of intellectual property violations or allow for any child pornography or obscene or defamatory Material to be posted on our sites and apps. We will do our best, in good faith, to remove, disable or restrict access to, or the availability of, Material that, in our subjective view, is infringing, racist, obscene as to minors, child pornography, lewd, lascivious, filthy, excessively violate, harassing, or otherwise objectionable. The provisions of this Section 8 are intended to implement this policy but are not intended to impose a contractual obligation on us to undertake, or refrain from undertaking, any particular course of action.
Complaint Procedures. If you believe that someone has posted Material that violates this policy (other than in cases of copyright infringement, which is addressed in Section 9), we ask you to promptly notify us by email at the following address: copyright@persimmons-studio.com You must use this address if you want to ensure that your complaint is received by the appropriate person charged with investigating alleged policy violations. Please provide us with sufficient detail in your complaint to allow us to effectively respond. At a minimum, please include (i) the nature of the offending Material or right infringed; (ii) all the facts that lead you to believe this policy has been violated or a right has been infringed; (iii) the precise location where the offending Material is located; (iv) in the case of infringement, any grounds that make you believe that the person who posted the Material was not authorized to do so; and, if (v) if known, the identity of the person or persons who posted the infringing or offending Material.
Indemnification; Waiver of Certain Rights. By lodging a complaint, you agree that the substance of your complaint will be deemed to constitute a representation made under penalty of perjury under the laws of the State of California. In addition, you agree, at your own expense, to defend and indemnify us and hold us harmless against all claims which may be asserted against us, and all losses incurred, as a result of your complaint and/or our response to it.
Waiver of Claims and Remedies. We expect visitors to take responsibility for their own actions and cannot assume liability for any acts of third parties that take place at our sites and apps. By taking advantage of the Good Samaritan procedures set forth in this Section 8, you waive any and all claims or remedies which you might otherwise be able to assert against us under any theory of law (including, but not limited to, intellectual property laws) that arise out of or relate in any way to the Material at our sites and apps or our response, or failure to respond, to a complaint.
Investigation/Liability Limitation. You agree that we have the right (but not the obligation) to investigate any complaint received. By reserving this right, we do not undertake any responsibility in fact to investigate complaints or to remove, disable or restrict access to or the availability of the Material. We support free speech on the Internet and therefore will not act on complaints that we believe, in our subjective judgment, to be deficient. If you believe that Material remains on our sites and apps that violates your rights, your sole remedy will be against the person(s) responsible for posting or storing it, not against us.
DMCA Compliance. If you believe that a work protected by a copyright which you own has been posted or stored on our sites and apps without authorization, please see our sending us notice of copyright infringement. We have a policy to terminate, in appropriate circumstances, the access rights of repeat infringers.
Privacy. We know your personal information is important to you, so it’s important to us. Our Privacy Policy explains in detail what information about you we collect and how we use the information about you that we collect. You agree to respect the privacy rights of other visitors by not publishing or harvesting email addresses obtained at our sites and apps. Note that we do not knowingly collect information from children. We ask parents or legal guardians to assist us by supervising the activities of children at our sites and apps.
Links. We may provide links to third-party sites from our sites and apps as a convenience to our visitors. We have no control over the content posted at these sites and make no representations about any content or material available at these locations. Links are not intended to imply sponsorship, affiliation, or endorsement. If you believe that we have provided a link to a site that contains infringing or illegal content, or which makes available password cracker tools or other circumvention devices, we ask that you notify us so that we may evaluate whether (in our sole discretion) to disable it.
Unsolicited Email, Spamming & Spoofing. You may not use our sites and apps to transmit unsolicited email. You may not send unsolicited email to our sites and apps or to anyone whose email address includes the domain name used on our sites and apps or our domain name. You may not use our domain name as a pseudonymous return email address for any communications which you transmit from another location or through another service. You may not pretend to be someone else – or spoof their identity – when using our sites and apps.
Violations/Indemnification. Your access privileges to t our sites and apps are conditioned on your adherence to the terms of this Agreement. If you violate any terms of this Agreement, you agree that we may deny you access to our sites and apps. You further agree, at your own expense, to defend and indemnify us and hold us harmless from and against all claims which may be asserted against us, and all losses incurred, as a result of any violations of this Agreement. If asked to do so, you agree that you will not attempt to access our sites and apps.
Intellectual Property Rights.
Copyright. All materials on our sites and apps, including without limitation, the sites names, apps names, URL, any logos, the design, text, graphics, other files, and the selection and organization thereof are either owned by Persimmons Studio LTD., or are the property of Persimmons Studio LTD.’s suppliers or licensors. You may not use any such materials without our express written permission. Copyright © Persimmons Studio LTD. ALL RIGHTS RESERVED.
Trademarks. Sites names, apps names, feature names, and other names or logos on our sites and apps may be trademarks and/or registered trademarks of Persimmons Studio LTD. All page headers, custom graphics, button icons and scripts are trademarks or trade dress of Persimmons Studio LTD. You may not use any of these trademarks, trade dress, or trade names without our express written permission.
Ownership and Use. We retain ownership of all of our intellectual property rights and you may not obtain any rights therein by virtue of this Agreement or otherwise, except as expressly set forth in this Agreement.
Termination.
By Us. We will have the right in our sole discretion, for any reason or no reason at all, without notice or liability to you or any third party, to terminate your account or your access to our sites and apps, with or without cause.
By You. If you have opened an account with us, you may terminate your account at any time by notifying us of your intention to do so at copyright@persimmons-studio.com
Effect of Termination. If your account is terminated for any reason, we may, in our sole discretion, delete any websites, files, graphics or other content or materials relating to your use of our sites and apps. If we terminate your account, we reserve the right to exercise whatever means we deem necessary to prevent unauthorized access to our sites and apps.
Changes to our sites and apps. We may, in our sole discretion, change, modify, suspend, make improvements to or discontinue any aspect of our sites and apps or any services available on our sites and apps, temporarily or permanently, at any time without notice to you, and we will not be liable for doing so. Without limiting the foregoing, and notwithstanding anything contained in this Agreement, we will have the right from time to time to change the amount of any fees charged, or to institute new fees relating to new or existing services on our sites and apps. Further, we may delete materials that (i) have been stored for an excessive period of time; (ii) are out-of-date; or (iii) relate to an inactive account. If you do not agree with any changes to our sites and apps you may discontinue your use of our sites and apps or terminate your account in accordance with Section 15(b).
Disclaimer of warranties.
General. In order to provide you with access to this site and any related services, we are unable to offer any warranties or make any representations about any benefits or opportunities which you may obtain at our sites and apps. We hereby disclaim all warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Our sites and apps are made available to you “as is,” without any warranties whatsoever about the nature, content, or accuracy (either when posted or as a result of the passage of time) of any material on our sites and apps, and without any representations or guarantees. In addition, we make no representations, warranties, or guarantees that our sites and apps will be secure, accessible continuously and without interruption, or error free.
Third party services. Any third-party links, services, goods, resources, and information that we provide on or make available through the site, including, without limitation, those available through third-party advertisements, are not controlled by us. Accordingly, we make no warranties regarding such third-party links, services, goods, resources or information, including without limitation, warranties of fitness for a particular purpose, merchantability and non-infringement and will not be liable for your use of or reliance on such third-party links, services, goods, resources or information.
Limitation of liability. In order to provide you with access to this site and any related services, we are unable to accept liability for any conduct, acts or omissions occurring at this site or any losses you may incur. In no event will we be liable to you for any consequential, incidental or special damages, including any lost profits, even if you claim to have notified us about such damages, or for any claims by any third parties.
Force Majeure. We will not be liable for failing to perform under this Agreement as a result of the occurrence of any event beyond our reasonable control, including, without limitation, a labor disturbance, an Internet outage or interruption of service, a communications outage, failure to perform by one of our service providers, fire, terrorism, natural disaster or war.
Notices and Electronic Communication. All notices required or permitted to be given under this Agreement must be in writing and delivered to the receiving party by email copyright@persimmons-studio.com Each party agrees that any notice that it receives from the other party electronically satisfies the legal requirement that such communications be in writing.
Complete Agreement/No Representations. This Agreement constitutes the entire agreement between you and us relating to your access to and use of our sites and apps and supersedes any prior or contemporaneous representations or agreements. Any rights not otherwise expressly granted by this Agreement are reserved by us. This Agreement may not be modified, either expressly or by implications, except as set forth in Section 22
Modification / Termination.
In General. Our employees are not authorized to vary the terms of this Agreement. This Agreement may be modified only by obtaining our written consent in a notarized agreement.
Periodic Revisions. You agree that we may modify the terms of this Agreement in our sole discretion, without advance notice, and that your right to access our sites and apps is conditioned on an ongoing basis with your compliance with the then-current version of this Agreement. We will post a notice on this page for thirty (30) days following any revisions or modifications to this Agreement. You agree to review this page at least once every thirty (30) days. It will be your responsibility to review this page for possible modifications.
Waiver of Class Action Rights. By entering into this Agreement, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connected with this Agreement must be individually asserted.
Limitation of Actions. You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of our sites and apps or any related services, must be filed within one (1) calendar year after such claim or cause of action arises, or forever be barred.
Additional Terms. This Agreement will be binding upon each party hereto and its successors and permitted assigns. No failure or delay by a party in exercising any right, power or privilege under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right, power, or privilege under this Agreement. We are independent contractors, and no agency, partnership, joint venture, employee-employer relationship is intended or created by this Agreement. The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision of this Agreement, all of which will remain in full force and effect.