License Agreement

The website http(s)://colorful.app and its subdomains are operated by the zerolens GmbH. Throughout the site, the terms “we”, “us”, “our”, "Colorful" and "colorful.app" refer to the zerolens GmbH.
This License Agreement governs the terms by which users of Colorful obtain the right to use Media and Colorful designs created with Colorful software. Media of Colorful and Colorful Designs may be, but not exclusively in the form of images, videos and 3D assets. If you download Media or Export a Colorful Design you agree to be bound by the terms of this License Agreement, the Terms of Service and the zerolens Privacy Policy. zerolens reserves the right to change any of the terms of this License at any time, and you agree to be bound by such changes. Please make sure that you read and understand all such changes. If you do not agree to this License Agreement, as may be amended from time to time, do not download any Media or use, download or Export any Colorful Designs obtained under this license.

Your failure to comply with the terms herein could result in legal proceedings and the immediate termination of your account.

 

1. License Agreement Background

1.) All Media on the Service is protected by international copyright laws and treaties. zerolens and/or its various Contributors own all rights, interests and title, including the copyrights, in and to the Media on Colorful. zerolens and/or its Contributors reserve all rights in and to the Media not expressly granted to you by the terms of this License Agreement. Your rights to use any Media are subject to this License Agreement and are conditioned upon your payment to zerolens for your use of the Media.

2.) If you fail to make any payment to zerolens when due, or if any check is dishonored or credit card charge refused or charged back, your account will be deemed delinquent. You still have the right to use any Colorful Design Exported under a previous, valid payment, but your right to use any Colorful Design Exported as part of an invalid transaction shall automatically terminate unless all payments together with any interest thereon and zerolens’s costs of collection, bank charges  and credit card processing fees are received by zerolens no later than fifteen (15) days from the date that your account became delinquent.

3.) Media licensed under this License may be both downloaded for use outside Colorful and used within a Colorful Design. The Media licensed under this License may be used in an unlimited number of Colorful Designs without the payment of additional license fees, so long as any such use remains in compliance with the terms of this License Agreement.

You understand and agree that zerolens may, in its sole discretion:

A.) monitor anything you download from, Export from or upload to Colorful or the Service, as frequently zerolens in its sole discretion determines, for any violation of this License Agreement;

B.) retain for an indefinite period details of a Colorful Design that you have exported;

C.) track any abuse of your username and password in connection with the Service or in connection with this License Agreement;

D.) suspend and/or terminate your account, without notice, if it finds what zerolens believes to be any violation of this License Agreement and/or any abuse of your username and password. If your account is terminated for any violation of this License Agreement and/or any abuse of a username or password, you lose all rights to Media and Colorful Designs, must immediately delete all Media and Colorful Designs acquired from zerolens, and forfeit all fees paid;

 

2. License Terms

Subject to the terms and conditions hereof, we hereby grant to you a perpetual, non-exclusive, non-transferable worldwide license to use Media for Permitted Uses (as defined below). Unless the activity or use is a Permitted Use, you cannot do it. All other rights in and to the Media, including, without limitation, all copyright and other Intellectual Property Rights relating to the Media, are retained by zerolens and/or its Contributors as the case may be.

 

3. Permitted Uses

Subject to the restrictions described under Prohibited Uses below, the following are “Permitted Uses” of Colorful media:

1.) Invitations, advertising and promotional projects, including printed materials, product packaging, presentations, film and video presentations, commercials, catalogues, brochures,  promotional greeting cards and promotional postcards

2.) school or university projects;

3.) social media post or profile image;

4.) decorative background on a personal computer or mobile device;

5.) entertainment applications, such as books and book covers, magazines, newspapers, editorials, newsletters, and video, broadcast and theatrical presentations

6.) online or electronic publications, including web pages, blogs, ebooks and videos

7.) prints, posters (i.e. a hardcopy) and other reproductions for personal or promotional purposes, but not for resale, license or other distribution;

8.) any other uses approved in writing by zerolens.

In the event that you create a derivative work based on or incorporating the Media, all rights in and to such Media shall continue to be owned by zerolens or its Contributor(s), subject to your rights to use such Media pursuant to the terms and limitations set forth herein.

All other rights in the Media are expressly reserved by zerolens for itself and its Contributors.

These are the things this license permits you to do with Colorful designs.

4. Prohibited Uses

You may not do anything with the Media that is not expressly permitted in the preceding section. For greater certainty, the following are “Prohibited Uses” and you may not:

The following are Prohibited Uses under this License:

1.) remove any notice of copyright, trade-mark or other proprietary right from any place where it is on or embedded in the Media or Colorful Design;

2.) use the Media in a fashion that is considered by zerolens or under applicable law to be pornographic, obscene, immoral, infringing, defamatory or libelous in nature, or that would be reasonably likely to bring any person or property reflected in the Media into disrepute;

3.) use the Media in a way that places any person depicted in the Media in a bad light or in a way that they may find offensive – this includes, but is not limited to, the use of images: a) in pornography, “adult videos” or the like; b) in ads for tobacco products; c) in ads or promotional materials for adult entertainment clubs or similar venues, or for escort, dating or similar services; d) in connection with political endorsements; and e) uses that are defamatory, or contain otherwise unlawful, offensive or immoral content. You may not use Media containing the likeness of a person if such use implies that the model engages in any immoral or illegal activity or suffers from a physical or mental infirmity, ailment or condition;

4.) use Media in a manner that competes with zerolens’s business including, but not limited to, displaying Stock Media in any format (including thumbnails) for download or Export on a website or offering Stock Media for sale;

5.) incorporate the Media in any product that results in a re-distribution or re-use of the Media as Stock Content or is otherwise made available in a manner such that a person can extract or access or reproduce the Media as an electronic file;

6.) to the extent that source code is contained  within the Media, reverse engineer, decompile, or disassemble any part of such source code;

7.) use or display the Media in an electronic format that enables it to be downloaded, Exported or distributed via mobile devices or shared in any peer-to-peer or similar file sharing arrangement;

8.) download 3D assets/models directly from Colorful and save or distribute them;

 

5. Disclaimers

You acknowledge that no releases are generally obtained for any Media that is identified as “Editorial Use Only” and that some jurisdictions provide legal protection against a person’s image, likeness or property being used for commercial purposes when they have not provided a release. For Media identified as “Editorial Use Only”, zerolens does not grant any right nor make any warranty with regard to the use of names, people, trademarks, trade dress, logos, registered designs or works of art or architecture depicted therein.

In such cases, you shall be solely responsible for determining whether release(s) is/are required in connection with any proposed use of the Media identified as “Editorial Use Only”, and shall be responsible for obtaining such release(s).

While we have made reasonable efforts to correctly categorize, keyword, caption and title the Media, zerolens does not warrant the accuracy of such information and zerolens also does not warrant the accuracy of any meta data that may be provided with the Media.

 

6. Termination

You can terminate this License Agreement by destroying the Media and Colorful Designs, along with any copies or archives of it or accompanying materials (if applicable), and ceasing to use the Colorful Design for any purpose. zerolens can terminate this License Agreement without advanced notice if at any time you fail to comply with any of its terms. Upon termination, you must immediately (i) cease using the Media and any Colorful Designs containing the Media for any purpose; (ii) destroy or delete all copies and archives of the Media and any Colorful Designs  or accompanying materials; and (iii) if requested, confirm to zerolens in writing that you have complied with these requirements.

We reserve the right to revoke or amend the license granted by this License Agreement for any reason.

Upon notice from zerolens, or upon your knowledge that any Media is subject to a threatened, potential or actual claim of infringement of another’s right for which zerolens may be liable, you must immediately and at your own expense (i) stop using the Media; (ii) delete or remove the Media from your premises, computer systems and storage (electronic or physical); (iii) ensure that your clients, printers or ISPs do likewise; and (iv) let zerolens know.