Copyright BABE UK LTD 2014 All Rights Reserved

TERMS OF USE
COLORCONES.com, a BABE UK LTD Limited Liability Company, it’s successors and assignees [“COLORCONES.com”] operates this web site at www.colorcones.com [http://www.colorcones.com], or any successor web site [the “Site”]. You may only use this Site if you agree with these Terms of Use [colorcones.com/terms] and with the Privacy Policy [colorcones.com/privacy]. If you do not agree, please do not use the Site.

Right and License to use
COLORCONES.com grants you the limited, non-exclusive right and license to make personal use of the Site and to buy products from COLORCONES.com. This license does NOT include any right to resale or commercial use of the Site or its contents; any right to collect and/or use any product listings, descriptions, or prices; any right to use the look and feel of the Site, to copy the Site or to make derivative use of the Site or its contents; any right to download or copy account information for the benefit of another business or person; or any right to use data mining, robots, or similar data gathering and extraction tools. You may not use any metatags or other hidden text utilizing COLORCONES.com name or Trademarks without COLORCONES.com express written consent. COLORCONES.com reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion. Any other type of commercial use is prohibited. If you are under 18, you may use the Site only with the direct involvement of your parent or guardian.

Ownership
COLORCONES.com name, logo, branding, the contents and materials on the Site, software, designs, graphical elements and data are, unless otherwise indicated, the property of BABE UK LTD or its Iicensors, and are covered by English and International trademark, copyright and other intellectual property laws. None of the foregoing may be reproduced, duplicated, copied, appropriated, sold, resold, masquerade, mimicked or used for commercial purposes unrelated to COLORCONES.com without the prior written consent of COLORCONES.com. Any unauthorised use of BABE UK LTD intellectual property would result in the termination of the license and rights hereby granted and may result in civil and/or criminal prosecution.

Links/Frames
COLORCONES.com grants you the nonexclusive revocable right to post text hyperlinks to any section of the Site as long as the link does not portray COLORCONES.com, its officers, employees, affiliates and/or partners in a false, misleading, derogatory, defamatory or otherwise offensive or damaging manner. You agree that you will remove any such link at COLORCONES.com instruction. The granted right to post links to the Site does not imply the right to use COLORCONES.com Logo, branding or other trademarks unless COLORCONES.com consents in writing. In addition, you may not frame or use framing to enclose any trademark, logo or other propriety information of COLORCONES.com without COLORCONES.com express written consent.

User Content
By posting any text, graphics, voice and/or audio files, photographs, illustrations, or videos to the Site, including without limitation any user reviews, photos, textual or video testimonials or comments (collectively, “User Content”) you grant Colour Cones a nonexclusive, royalty-free, perpetual, irrevocable, worldwide, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivate works from, distribute, and display such User Content on a worldwide basis in any media. You represent and warrant to COLORCONES.com that you own all rights to the User Content you submit or post to the Site or that you have obtained appropriate license rights from the owner in order to grant COLORCONES.com the license set forth in the preceding sentence, and that the User Content is accurate, not misleading, that it does not include profanity, that it will not cause harm to COLORCONES.com or to any other person or entity, that it will not infringe the rights of any person or entity, and that it will not be libelous or defamatory. You agree to indemnify and defend COLORCONES.com and it’s partners for any claims resulting from User Content you provide. COLORCONES.com has the right but not the obligation to monitor or edit any User Content. COLORCONES.com takes no responsibility and assumes no liability for any User Content you post or submit to the Site.

Product Descriptions
COLORCONES.com attempts to describe its products as accurately as possible. However, COLORCONES.com does not represent or warrant that the product descriptions or related content on the Site is accurate, complete or up to date. Your remedy in the event that COLORCONES.com description is inaccurate is to return the product in accordance with the return policies described under “Satisfaction Guaranteed” below.

Copyright Complaints
If you have reason to believe that there is any material, content or work on the Site that infringes intellectual property you own or control, please let us know in writing by following the procedures set forth below (which track the requirements of the Digital Millennium Copyright Act (DMCA)). Your notification to COLORCONES.com must include all of the following components:

  • (1) A physical or electronic signature of the copyright owner of the right, or the person who has been delegated the right to act on behalf of the owner;
  • (2) Identification of the copyrighted work that you claim has been infringed (or a list of works infringed if more than one work s affected);
  • (3) Identification of the material or content that you believe to be infringing and should be removed from the Site, or access to which should be disabled; please provide very specific information about the work and location of the infringement;
  • (4) Information that enables COLORCONES.com to contact you, including address, telephone number and email address where you may be reached;
  • (5) Your statement that you have in good believe that use of the material on the Site is not authorized by the copyright owner, its agent or the law;
    and
  • (6) A statement that the information in the notification is accurate, and under penalty of perjury, that you own the right(s) infringed, or are authorized to act on behalf of the owner of the right(s) Infringed.

Please send your notification to the COLORCONES.com Copyright Agent (or email it) as follows.

COLORCONES.com
BABE UK LTD
Francis Clark
Sigma House
Oak View Close
Edginswell Park
Torquay
TQ2 7FF

User Accounts
A client who wishes to purchase products or services the Site needs to create an account. In order to establish an account, you will create your own login password. You will have the ability to change your login password. Thereafter, you will only have to enter your email address associated with your account along with your login password to access your account. Should you lose or forget your login password, our system will automatically send it to your email address. In the event you cannot remember which email address you used, please call COLORCONES.com at +44(0)1823 452 256

If you intend to post any User Content to the Site, then you will also have to create an account if you don’t have one already. You will also need to choose the “display name” that will be shown on the Site accompanying your User Content, which need not be your actual name, and we recommend your use of a “display name” for privacy purposes.

It is important that you keep all of your account information, including without limitation your billing, shipping product color profile/preferences, updated and current. On the Site, you will be able to manage your account information directly.

TERMS OF USE
COLORCONES.com may modify its Terms of Use, its Privacy Policy or any other company policy at any time and at its sole discretion. Unless noted otherwise in a specific policy, modifications to the Terms of Use, Privacy Policy or any other company policy shall become effective within 48 hours from the time the modifications are posted on the Site. It is your responsibility to monitor modifications and your continued use of the Site implies your acceptance of such modifications. In the event you do not agree with the terms of any such modification[s] you should stop using the Site.

Safety Precautions/Warnings
COLORCONES.COM PRODUCTS CONTAIN RUBBER INGREDIENTS WHICH CAN CAUSE ALLERGIC REACTIONS, AND IN RARE CASES SUCH REACTIONS CAN BE SEVERE. YOU AGREE TO FOLLOW ALL SAFETY PRECAUTIONS, WARNINGS AND INSTRUCTIONS SET FORTH ON THE PRODUCT INSTRUCTIONS

Site Warranties
THE SITE AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE, INCLUDING ALL SITE CONTENT, IS AT YOUR SOLE RISK. COLORCONES.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE MATERIALS AND CONTENT ON THE SITE. COLORCONES.COM DOES NOT REPRESNET OR WARRANT THAT MATERIALS AND CONTENT ON THE SITE ARE ACCURATE, COMPLETE, CURRENT, RELIABLE, OR ERROR-FREE.

COLORCONES.COM DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, INCLUDING CONTENT THAT IS POSTED BY THIRD PARTIES. YOU SHOULD ENSURE THAT YOUR COMPUTERS ARE PROTECTED BY USING RECOGNIZED ANTIVIRUS SOFTWARE.

Limited Liability
IN NO EVENT SHALL COLORCONES.COM BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THIS SITE OR THE MATERIALS THEREON OR RESULTING FROM USING COLORCONES.COM PRODUCTS. IN THE EVENT THAT COLORCONES.COM IS FOUND LIABLE TO YOU OR TO A THIRD PARTY FOR ANY REASON, OUR LIABILITY IS LIMITED TO THE GREATER OF (A) ANY SUMS YOU HAVE PAID US IN THE LAST 12 MONTHS PRIOR TO THE ACTION THAT CAUSED THE LIABILITY OR (B)£1OO (ONE HUNDRED POUNDS STERLING). SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY, SO SOME OF THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS COLORCONES.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SUPPLIERS (COLLECTIVELY THE “PROVIDER”) FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS AND CONDITIONS OR ANY ACTIVITY RELATED TO YOUR INTERNET ACCOUNT (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT), BY YOU OR ANY OTHER PERSON ACCESSING THE SITE USING YOUR INTERNET ACCOUNT.

Satisfaction Guaranteed
Whilst every effort is made to ensure accuracy of description, specification and pricing, there may be occasions where errors arise. Slight colour variations ¡n the products may accrue due to the natural material’s organic base.

EXCHANGE: In the event you are not completely satisfied with your product you may return the item to us within 7 days of delivery [starting the day after you receive the goods]. Products must be returned complete, in their original packaging, in all original boxes, packing materials, instructions and all accessories and documents provided by COLORCONES.com. Goods must be returned in a saleable condition, at your expense and we suggest you use a carrier that can provide you with proof of delivery. COLORCONES.com will not be responsible for items lost or damaged in transit. You need to obtain a returns reference number by contacting COLORCONES.com either by email support@colorcones.com or calling +44-(0)1823 452 256. Mon — Fri 10am-4pm GMT

Non-Returnable: For reasons of hygiene and public health refunds/exchanges are not available for any parts used. We do not offer refunds for “change of mind”. This does not affect your statutory rights.

Applicable Law; Arbitration
The Site’s Terms of Use, Privacy Policy, any other COLORCONES.com policy, and any transactions shall be governed and construed in accordance with English Law. Any dispute, claim or controversy arising out of or relating to this Site or the Terms of Use or Privacy Policy, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in England before a single arbitrator[s] with expertise in ecommerce. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures, and the arbitrator shall apply the laws applicable in the United Kingdom. Judgment on the Award may be entered in any court having United Kingdoms’ jurisdiction. This provision shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitrator may, in the Award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys’ fees of the prevailing party in proportion to the parties’ relative success on the merits [including the successful assertion of any defences]. The arbitrator shall determine the “prevailing party” for this purpose.