what we provide

The Colors! Gallery is an online, public gallery at which users can post and share works of art created using the Colors! application. Anyone can browse, watch playbacks of, download and share links to all works posted to the Colors! Gallery without an account. However, only account members can Post, Comment on and "Like" paintings, as well as participate in challenges.

availability

The Colors! Gallery is available "as is", with no warranty of any kind, and may be modified or discontinued at any time for any reason. We reserve the right to maintain, add, or remove features and services from the Colors! Gallery, completely at our own discretion.

who our services are for

Participation in the Colors! Gallery is free, and available to all persons who agree by these terms of service. It may not be used for any purposes that violate local law.

copyright

Image creators are the copyright holders of their own works, and Collecting Smiles makes no claim to ownership of any artwork posted by any user.

As a user of The Colors! Gallery, you are solely responsible for your own submissions. By transmitting your submissions to the Colors! Gallery you represent that you have all rights and authorizations necessary to post, submit, display, produce, or otherwise transmit, such content. You agree that you will not submit material that is or contains the intellectual property of a third party that you do not have permission to use.

You shall retain all of your ownership rights in your submissions; however, by submitting material to the Colors! Gallery you grant Collecting Smiles Inc. fully transferable rights to use, reproduce, distribute, modify, transmit, prepare derivative works of, display and produce the material in connection with the Colors! Gallery and Collecting Smiles' business, but solely in accordance with these Terms of Use and our Privacy Policy. To the extent you do not have ownership rights to any of your submissions; you shall indemnify Collecting Smiles Inc. for any claim regarding the Collecting Smiles Inc.'s use of your submissions.

reporting copyright violations

It is our policy to respond to valid DMCA takedown notices of alleged copyright infringement. These notices must include all of the information below, as suggested by the U.S. Digital Millennium Copyright Act.

Our response to valid takedown notices may include removing the infringing material, and suspending subscriber accounts. We will also contact the owner of the affected material so that they may make a counter notification.

To file a notice of infringement with us, you must provide a formal communication (by regular mail or e-mail) that includes the items specified below.

1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon. This means a link to the original work or a description of what is being copied.
2. Identify the material that is infringing on the work in item #1. This means the link to a The Colors! Gallery site with the material on it.
3. Provide your contact information, preferably e-mail and phone number.
4. Include the statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
5. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

Send this information by e-mail to legal@collectingsmiles.com, or by regular mail to Collecting Smiles Inc., 155 Montgomery St, Suite 810, San Francisco, CA 94104, USA.

privacy policy

Collecting Smiles will never share your contact information with a third party, unless we're required to do so by law. A current privacy policy can be found at www.colorslive.com/privacy.php.

code of conduct

We created the Colors! Gallery to be a safe, fun place for artists of every style and skill level. We respect our community, and we expect our community to be respectful to each other at all times.

The following activities are grounds for immediate termination of your account, and are STRICTLY PROHIBITED:

• Posting unlawful, abusive, harmful, or obscene content of any kind
• Posting content you do not have the right to transmit
• Posting for advertisement purposes
• Post content that infringes on trademarks or copyrights
• Claiming any other artist's work on this site as your own
• Posting viruses or malicious scripts
• Posting spam or link bait
• Stalking or collecting data about others
• Impersonating another user
• Crawling content without permission from Collecting Smiles Inc.

content monitoring and removal

Though it is up to each user to follow the Code of Conduct, we do occasionally screen content and always respond promptly to user complaints. We reserve the right to remove any content if deemed inappropriate by Collecting Smiles Inc.

The Colors! Gallery also have a crowd-sourced content monitoring system in place to help prevent abusive content. You can read more about this system at www.colorslive.com/18plus_paintings.php.