Terms of Service

1. Acceptance of Terms

By accessing colorandcherish.com (“the Site,” “we,” “us,” or “our”) or purchasing any of our digital products, you agree to be bound by these Terms of Service and all applicable laws. If you do not agree, please do not use our Site or purchase our products.

These Terms constitute a binding legal agreement between you and Color and Cherish. If you are using the Site on behalf of an entity, you represent that you have authority to bind that entity.

2. Digital Products and Purchases

All products sold through Color and Cherish are digital downloads delivered electronically through our website.

2.1 Your Acknowledgment

By completing a purchase, you acknowledge:

• Digital products are delivered electronically and are non-returnable once downloaded.
• All sales of digital products are final, except in cases of technical failure on our part (see Section 6 — Refund Policy).
• You are responsible for ensuring your device is compatible with the file formats provided (PDF, etc.).
• Your purchase grants you a personal, non-commercial license to use the product (see Section 4 — Intellectual Property).

2.2 Payment Processing

All purchases are processed securely through Stripe. Color and Cherish does not store your payment card information. By making a purchase, you agree to Stripe's terms of service.

2.3 Pricing and Availability

All prices are listed in US Dollars (USD) unless otherwise stated. We reserve the right to modify prices at any time without prior notice. Prices for already-purchased products will not be changed retroactively.

3. Personalization Orders

For personalized coloring books, you agree to:

• Provide accurate personalization details at the time of purchase.
• Allow reasonable processing time for customization (typically 21 business days).
• Not request personalization involving offensive, discriminatory, illegal, or infringing content. We reserve the right to refuse or cancel any order that violates this provision.
• Understand that personalization details cannot be changed after your order has entered production/fulfillment.

4. Intellectual Property

4.1 Ownership

All content on colorandcherish.com — including but not limited to coloring page designs, artwork, illustrations, graphics, logos, product descriptions, and written content — is the exclusive property of Color and Cherish and is protected by United States and international copyright law.

4.2 License Grant

When you purchase a digital product, we grant you a limited, personal, non-exclusive, non-transferable, non-commercial license to use the product for your own personal enjoyment.

4.3 Permitted Uses

You may:

• Print and color the pages for your personal use.
• Share photos of your finished, colored artwork on social media. We love seeing your creativity! Please tag us @colorandcherish.
• Give your finished colored pages as personal gifts to friends and family.

4.4 Prohibited Uses

You may not:

• Resell, redistribute, or share our digital files (the uncolored PDFs/designs) with anyone else.
• Use our designs for commercial purposes — including but not limited to commercial printing, products for sale, or any business activity.
• Modify our designs and sell or distribute them — altered or not.
• Upload our designs to any file-sharing platform, marketplace, or website.
• Use our designs to create products for sale on print-on-demand platforms (e.g., Amazon KDP, Etsy, Redbubble, etc.).

4.5 Social Media Sharing

You are welcome to share photos of your colored, finished artwork on social media. Please tag us @colorandcherish. This permission does not extend to sharing the uncolored digital files.

5. Prohibited Conduct

When using our Site, you agree not to:

• Violate any applicable laws or regulations.
• Infringe upon our intellectual property rights or the rights of others.
• Upload or transmit malicious software, viruses, or harmful code.
• Attempt to gain unauthorized access to any part of the Site, our servers, or our systems.
• Use the Site for fraudulent purposes, impersonation, or deceptive practices.
• Engage in scraping, data mining, or automated data collection of any kind without our express written permission.
• Interfere with or disrupt the operation of the Site.
• Use the Site in any manner that could disable, overburden, or impair the Site.

6. Refund Policy

6.1 General Policy

Due to the digital and personalized nature of our products, all sales are final. We do not offer refunds or exchanges once a digital product has been delivered.

6.2 Technical Issues

If you experience a technical issue that prevents you from accessing or downloading your product, please contact us within 14 days of purchase at [email protected]. We will investigate and, if the issue is on our end, provide a replacement download or a full refund.

6.3 Goodwill Policy

For first-time customers who made an unintentional error in their order (e.g., wrong personalization details entered), we may offer a one-time goodwill resolution at our discretion. Please contact us within 24 hours of purchase to request assistance.

6.4 Chargebacks

If you dispute a charge through your payment provider without first contacting us to resolve the issue, you agree that we may provide your order details and communication history to our payment processor in connection with the dispute.

7. User Accounts

7.1 Account Creation

If you create an account on our Site, you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

7.2 Account Accuracy

You agree to provide accurate, current, and complete information during the registration process and to update such information as needed.

7.3 Account Termination

We reserve the right to suspend or terminate your account at any time, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties.

7.4 Account Deletion

You may request deletion of your account at any time by contacting [email protected]. Upon deletion, your personal data will be handled in accordance with our Privacy Policy.

8. Copyright Infringement and DMCA Notice

8.1 DMCA Designated Agent

Color and Cherish respects the intellectual property rights of others and expects its users to do the same. Pursuant to the Digital Millennium Copyright Act (DMCA), we have designated the following agent for notices of claimed copyright infringement:

8.2 Filing a DMCA Notice

If you believe that material available on our Site infringes your copyright, please send a written notice to our DMCA Agent containing the following information:

1. A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
2. Identification of the copyrighted work claimed to have been infringed.
3. Identification of the material that is claimed to be infringing, including its location on the Site (URL).
4. Your contact information — name, address, telephone number, and email address.
5. A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.
6. A statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

8.3 Counter-Notice

If you believe that material you posted was removed or disabled as a result of mistake or mis-identification, you may file a counter-notice with our DMCA Agent containing substantially the same information as above, plus a statement consenting to jurisdiction of the federal court in your district.

9. Disclaimer of Warranties

THE SITE AND ALL PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTY THAT:

• The Site will be uninterrupted, timely, secure, or error-free.
• The quality of any products, services, or information obtained through the Site will meet your expectations.
• Any errors in the Site or products will be corrected.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

• Color and Cherish shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages arising from or related to your use of the Site or our products, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, even if we have been advised of the possibility of such damages.
• Our total liability to you for any claim arising from or related to these Terms or your use of the Site or products shall not exceed the amount you paid for the specific product giving rise to the claim.
• Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

11. Indemnification

You agree to indemnify, defend, and hold harmless Color and Cherish, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of the Site or products.
• Your violation of these Terms.
• Your violation of any third-party rights, including intellectual property rights.
• Your provision of inaccurate or misleading personalization details.

12. Dispute Resolution and Arbitration

12.1 Informal Resolution First

Before initiating any formal dispute resolution, you agree to first contact us at [email protected] to attempt to resolve the dispute informally. We will respond within 30 days and work in good faith to resolve the matter.

12.2 Mandatory Arbitration

If the dispute cannot be resolved informally, you and Color and Cherish agree to resolve any disputes through binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court.

• The arbitration will be conducted by a single neutral arbitrator.
• The arbitration will take place in Texas, or remotely via video conference if you prefer.
• The arbitrator's decision is final and binding and may be entered in any court of competent jurisdiction.
• Each party will bear its own costs and attorneys' fees, unless the arbitrator determines that a party's claim was frivolous or brought in bad faith.

12.3 Class Action Waiver

YOU AND COLOR AND CHERISH AGREE THAT EACH MAY BRING DISPUTES AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION. The arbitrator may not consolidate more than one person's claims or preside over any class or representative proceeding.

12.4 Small Claims Exception

Notwithstanding the above, either party may bring an individual action in small claims court in your county of residence or Texas if the claim is within the court's jurisdiction and is brought on an individual (non-class) basis.

12.5 Opt-Out

You may opt out of this arbitration agreement by sending a written notice to [email protected] within 30 days of first accepting these Terms. Your opt-out notice must include your name, address, and a clear statement that you opt out of the arbitration provision.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

For any disputes not subject to arbitration (as set forth in Section 12), you agree to submit to the exclusive jurisdiction of the state and federal courts located in Texas.

14. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it enforceable while preserving its intent.

15. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Color and Cherish regarding your use of the Site and purchase of products, superseding any prior agreements or understandings.

16. Waiver

No failure or delay by Color and Cherish in exercising any right or enforcing any provision of these Terms shall constitute a waiver of that right or provision.

17. Changes to These Terms

We reserve the right to update these Terms of Service at any time.

• Non-material changes (clarifications, formatting, minor updates): Effective immediately upon posting. Continued use of the Site after posting constitutes acceptance.
• Material changes (new fees, new restrictions, changes to dispute resolution): We will notify you by email (if we have one on file) and/or via a prominent notice on the Site. Continued use after the effective date of material changes constitutes acceptance.

The “Last Updated” date at the top of this page will reflect the most recent revision.

18. Contact Us