Last updated: June 8th, 2018
Your Right to Use the Website and its Contents
The Website is for your personal and non-commercial use only. You may not:
- reverse engineer, decompile, copy, capture, modify, manipulate, distribute, transmit, license, sublicense, display, reproduce, republish, upload, link, revise, perform, distribute, exploit, transfer, sell or otherwise make available to any third party or otherwise publish, create derivative works from or exploit in any way the Website (in whole or in part) or any text, images, audio, video, graphics, software, artwork and other multimedia content or materials (the “Content”) for any business, commercial, or public purpose and except as permitted by us under these terms or as expressly provided under applicable law;
- use the Website to distribute any viruses, malware or other similar harmful software or otherwise interrupt or attempt to interrupt the operation of the Website in any way; or
- defame or disparage anybody or make comments of an obscene, derogatory or offensive manner or otherwise use the Website or its Content in a way that brings us or any third party into disrepute or causes us to be liable to any third party.
Rights to User's Material
Croma welcomes your feedback, and is pleased to have you submit your comments regarding its products. However, we request that you do not submit any patentable ideas, advertising or marketing suggestions, materials or any other information related to the business of Croma. If, despite this request, you do voluntarily submit any ideas, suggestions or materials related to the business of Croma ("Unwanted Submissions"), these Unwanted Submissions shall be deemed, and shall remain, the exclusive property of Croma. No Submissions shall be subject to any obligation of confidence on the part of Croma, and Croma shall not be liable for any use or disclosure of any Unwanted Submissions. Without limitation of the foregoing, Croma shall exclusively own the rights of copyright, patent rights, and all now known or hereafter existing rights to the Unwanted Submissions of every kind and nature, in perpetuity, worldwide, and Croma shall be entitled to use, reproduce, modify, adapt, publish, translate, license, create derivative works from and distribute such materials or incorporate such Unwanted Submissions into any form, medium, or technology now known or later developed throughout the universe, for any purpose whatsoever, commercial or otherwise, without compensation to the author(s) or provider(s) of the Unwanted Submissions.
Furthermore, the Website is not a secure means of communication and any message or information you submit to us through this Website may be read or intercepted by others, unless there is a special notice that a particular message is encrypted. Sending an e-mail message to Croma does not create any reciprocal obligation or responsibility of Croma to you.
Links to Other Websites
The Website may contain links or references to third party websites other than the Website. Croma provides such links for your convenience only, and is not responsible for the content, material or information contained in such links. Links from the Website to any other website do not indicate that Croma approves of, endorses, sponsors, or recommends that website. Croma disclaims all warranties, express or implied, as to the accuracy, legality, reliability, or validity of any content on any other website. Your use of a third party site may be governed by the terms and conditions of that third party site.
Descriptions and Availability of Products
While we use reasonable efforts to include accurate and up-to-date information and descriptions of all products displayed on the Website, we do not represent, warrant or promise that the product descriptions are complete or error-free.
When you purchase Croma products from either a local or online authorized retailer, your business relationship is exclusively with that retailer. You are not buying Croma products directly from Croma. Therefore, all conditions of sale, such as guarantees, shipping procedures, return policies and pricing are governed by this retailer. Furthermore, you should direct all inquiries concerning your order or the Croma products you purchased to this retailer.
Disclaimer of Warranties and Damages
YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE) IS PROVIDED ON AN "AS IS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, CROMA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, NON-INFRINGEMENT OR COMPLETENESS, ACCURACY AND CURRENCY OF ANY CONTENT ON THE WEBSITE. FURTHERMORE, CROMA DOES NOT WARRANT THAT THE SERVER THAT MAKES THE WEBSITE AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM, OR OTHERWISE USE THE WEBSITE.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, CROMA’S NEGLIGENCE, SHALL CROMA BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES THAT RESULT FROM (A) THE USE OF, (B) THE INABILITY TO USE, OR (C) ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS OF, THE WEBSITE, EVEN IF CROMA OR AN AUTHORIZED REPRESENTATIVE OF CROMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL CROMA'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED $100.00.
Moreover, while we make commercially reasonable efforts to ensure that the Website is available, we do not represent, warrant or guarantee in any way the Website’s continued availability at all times or uninterrupted use by you of the Website.
The failure of Croma to enforce these Terms, for whatever reason, shall not be construed as a waiver of any right to do so at any time. If any provisions contained herein shall be determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect.
Please note that both the English and French versions of these Terms have equal legal value.