Terms of Service

Effective date: December 19, 2023

These terms of service (“Terms”) govern your use of the Alto Industries, Inc. (“Coloring Buddy” or “we,” “us,” or “our”) websites and mobile properties, our app(s), and all other interactive features and communications we provide in connection with the websites or apps, however accessed or used, that we operate, make available, produce, or maintain (collectively, the “Service”). Use of this Service constitutes acceptance of these Terms. If you do not accept these Terms, then you may not use the Service.

These Terms contain important information regarding your rights, including an arbitration agreement in Section 19 (Dispute Resolution). Unless you opt out, the arbitration agreement requires most disputes between us to be submitted to arbitration, eliminates your ability to pursue disputes as part of a class or group, and waives your right to a trial in court and by a jury.

Coloring Buddy may change these Terms on a going-forward basis at any time and in our sole discretion. If Coloring Buddy makes changes to these Terms, we will notify you of the changes. Our notice to you may include sending a message to the email address or text message number you provided to us or notice through the Service. We will also update the “Last Updated” date at the top of these Terms when we make changes. Your continued use of the Services will confirm your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service and delete your account. We encourage you to review the Terms from time to time to ensure you understand the terms and conditions that apply to your access to and use of the Service.

Privacy. Data collection and use including data collection and use of personally identifiable information is governed by Coloring Buddy’s Privacy Policy which is incorporated into and is a part of these Terms.
Access License. Coloring Buddy grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Service. The Service may only be used for the intended purpose for which we make it available. We and our licensor(s) reserve all rights to the Service not expressly granted, whether by implication, estoppel, or otherwise.
Restrictions. Except as expressly permitted herein, you may not reproduce, sell, resell, or otherwise exploit the Service for any purpose without our express written consent. Additionally, you will not: (a) use the Service or any Content for any commercial purpose; (b) make derivative use of the Service or Content; (c) download or copy account information for the benefit of a third party; (d) collect and use any content including product listings, descriptions, or prices; (e) use any robot, spider, scraper, or other automated means to access the Service for any purpose without our express written permission; (f) take any action that imposes or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (g) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (h) bypass any measures we may use to prevent or restrict access to the Service. Any unauthorized use automatically terminates the permissions and licenses granted to you by us.
Ownership. Excluding Submissions, we and our licensor(s), vendor(s), agent(s), and content provider(s) own all of the content featured or displayed on the Service, including text, graphics, photographs, images, moving images, sound, and illustrations (“Content”). All elements of the Service including without limitation the general design and the Content are protected by trade dress, copyright, moral rights, trademark, and other laws relating to intellectual property rights. You may not modify any Content and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content. You will not remove any copyright, trademark, or other proprietary notice from any material found on the Service. You are responsible for ensuring your use is permissible before reusing any Content. You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Service. The Service, Content, and all related rights remain the exclusive property of Coloring Buddy or its licensors, vendors, agents, and/or Content providers unless otherwise expressly agreed and are protected by U.S. and international copyright laws.
Trademarks/No Endorsement. All trademarks, service marks and trade names of Coloring Buddy used in the Service or the Content (including but not limited to: Coloring Buddy name, Coloring Buddy corporate logo, the Service name, the Service design, and any logos) (collectively “Marks”) are trademarks or registered trademarks of Coloring Buddy or its affiliates, partners, vendors, or licensors in the United States or other countries. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Marks in any way without our prior written consent.
Submissions
- Inappropriate Submissions. While Coloring Buddy is a private platform and submissions are not shared with anyone, we uphold standards for the content created on our app. Users should avoid creating submissions that violate the law of their country or the United States. Inappropriate content includes, but is not limited to, pornography, graphic sexual descriptions, hate speech, impersonation or misrepresentation, misinformation, sharing of private information, and spam. Although submissions are private, we encourage responsible and lawful use of our platform. We reserve the right to take necessary actions against accounts that violate these standards, which may include account restrictions or termination. We appreciate your adherence to these guidelines to maintain a safe and respectful environment for all users.
Feedback. If you give to Coloring Buddy any idea, proposal, suggestion, or feedback, including without limitation ideas for new products, technologies, promotions, product names, product feedback, and product improvements (“Feedback”), you give to Coloring Buddy, without charge, royalties, or other obligation to you, the right to make, have made, create derivative works, use, share, and commercialize your Feedback in any way and for any purpose. Coloring Buddy will treat any Feedback you provide to Coloring Buddy as non-confidential and non-proprietary. You agree that you will not submit to Coloring Buddy any information or ideas that you consider to be confidential or proprietary.
Suspension and Termination. You or we may suspend or terminate your account or your use of this Service at any time, for any reason or for no reason, with or without prior notice. You are personally liable for any orders placed or charges incurred through your account prior to termination. We may also block your access to the Service in the event that (a) you breach these Terms; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users, or us. If your account is terminated, we may delete data or your Submissions or otherwise disassociate it from you and your account (unless we are required by law to keep it, return it, or transfer it to you or a third party identified by you). As a result you may no longer be able to access any of the Service or your data or Submissions.
Disclaimers. Your use of the Service is at your risk. The content, information, materials and services provided on or through the Service are provided “as is” without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, security or non-infringement of intellectual property. Neither Coloring Buddy nor any of its affiliates warrant the accuracy or completeness of the information, materials, or services provided on or through the Service. You acknowledge that computer and telecommunications systems are not fault-free and occasional periods of downtime occur. We do not guarantee that the Service will be uninterrupted, timely, secure, or error-free or that content loss will not occur, nor do we guarantee any connection to or transmission from the computer networks. The information, materials and services provided on or through the Service may be out of date, and neither Coloring Buddy, nor any of its affiliates makes any commitment or assumes any duty to update such information, materials, or services. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. No advice or information, whether oral or written, obtained from Coloring Buddy or through the Service will create any warranty not expressly made herein.
Limitations of Liability. Coloring Buddy does not assume any responsibility nor will Coloring Buddy be liable for any damages to your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this service, or your downloading of any content from this service. In no event will Coloring Buddy or any of its officers, directors, employees, shareholders, affiliates, agents, successors or assigns, nor any party involved in the creation, production or transmission of the service, be liable to you or anyone else for any indirect, special, punitive, incidental or consequential damages of any kind (including without limitation those resulting from lost profits, lost data or business interruption), whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. The foregoing limitations of liability do not apply to the extent prohibited by law.
In the event of any problem with the Service or any content, materials, information, or services contained on any or all of the service, you agree that your sole remedy is to cease using the Service. In no event shall Coloring Buddy’s total liability to you for all damages, losses, and causes of action whether in contract, tort (including but not limited to negligence), or otherwise exceed the greater of (a) twenty-five dollars (us $25.00) or (b) the value of the services purchased or to which you subscribe through the Service.
These limitations and exclusions apply even if this remedy does not fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. to the maximum extent permitted by law, these limitations and exclusions apply to anything or any claims related to these terms or the service.
Indemnity. You will defend, indemnify, and hold Coloring Buddy and any affiliated entity or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (a) the use of the Service or your Submission(s) or other content, message, or information you provide or transmit on or through this Service; (b) your violation of any of these Terms; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights, or intellectual property rights; (d) your violation of any law, rule, or regulation of the United States or any other country; or (e) any other party’s access and use of the Service with your unique username, password, or other appropriate security code.
Release. In the event that you have a dispute with one or more users of the Service, you release Coloring Buddy (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Force Majeure. Neither Coloring Buddy nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond our or your reasonable control, including without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers. 19.
Dispute Resolution. This Section is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Coloring Buddy agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act.
We believe that arbitration is a faster, more convenient, and less expensive way to resolve any disputes or disagreements that we may have. Therefore, pursuant to these Terms, if you have any past, present, or future dispute or disagreement with us regarding (i) your use of or interaction with the Service; (ii) any purchases or other transactions or relationships with Coloring Buddy; or (iii) any data or information you may provide to Coloring Buddy or that Coloring Buddy may gather in connection with such use, interaction, or transaction (collectively, “Coloring Buddy Transactions or Relationships”), you will not have the right to pursue a claim in court or have a jury decide the claim, and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Service, or engaging in any other Coloring Buddy Transactions or Relationships with us, you agree to binding arbitration as provided below.
We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using the Service you agree that any complaint, dispute, or disagreement you may have against Coloring Buddy and any claim that Coloring Buddy may have against you arising out of, relating to, or connected in any way with these Terms, our Privacy Policy, or any Coloring Buddy Transactions or Relationships shall be resolved exclusively by final and binding arbitration (“Arbitration”) administered by Coloring BuddyS or its successor (“Coloring BuddyS”) and conducted in accordance with the Coloring BuddyS Streamlined Arbitration Rules and Procedures in effect at the time the Arbitration is initiated or if the amount in controversy exceeds $100,000, in accordance with the Coloring BuddyS Comprehensive Arbitration Rules And Procedures then in effect (respectively, the “Applicable Rules”). The Applicable Rules can be found at www.coloringbuddy.app. If Coloring Buddy is no longer in existence, the Arbitration shall be administered by the American Arbitration Association or its successor (the “AAA”) instead and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time (which shall be the “Applicable Rules” in such circumstances). If Coloring BuddyS (or, if applicable, AAA) at the time the arbitration is filed has Minimum Standards of Procedural Fairness for Consumer Arbitrations in effect which would be applicable to the matter in dispute, Coloring Buddy agrees to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions set forth in this Section, provided, however, that in no event may such Minimum Standards contravene or restrict the application of subpart (e) or (h) below.
You further agree that:
1. Arbitrator Will Interpret These Terms. The Arbitrator and not any federal, state, or local court or agency has the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability, or formation of these Terms and the arbitration provisions in this Section, including but not limited to any claim that all or any part of these Terms is void or voidable;
2. Location of Arbitration. The Arbitration will be held either: (i) at a location determined by Coloring BuddyS (or, if applicable, AAA) pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and Coloring Buddy; or (iii) at your election if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission;
3. Governing Law. The Arbitrator (i) will apply internal laws of the State of California consistent with the Federal Arbitration Act and applicable statutes of limitations or, to the extent that federal law prevails, will apply the law of the U.S., irrespective of any conflict of law principles; (ii) will entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with the governing law for the State of California or federal rules of procedure, as applicable; (iii) will honor claims of privilege recognized at law; and (iv) will have authority to award any form of legal or equitable relief;
4. No Class Relief. The Arbitration can resolve only your and Coloring Buddy’s individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis or to consolidate or join the claims of other persons or parties who may be similarly situated;
5. Written Award. The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;
6. Arbitration Costs. In the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, Coloring Buddy will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith;
7. Reasonable Attorney’s Fees. If through the process set forth in this Section 19 you recover an Award greater than Coloring Buddy’s last written settlement offer, we will reimburse your reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration, and we will bear our own attorneys’ fees;
8. Interpretation and Enforcement of Arbitration Clause. With the exception of the subsection entitled No Class Relief above, if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting provision were not contained herein. If, however, “No Class Relief” is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor Coloring Buddy shall be entitled to arbitrate their dispute and must instead bring any claims in a court of competent jurisdiction;
9. Small Claims Matters Are Excluded. No Class Relief or Joinder of Claims. Notwithstanding the foregoing arbitration provisions, at your option you may bring any claim you have against Coloring Buddy in your local small claims court within the U.S. if your claim is within such court’s jurisdictional limit, provided that such court does not have the authority to entertain any claims on a class or representative basis or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding;
10. Right to Opt Out. You may opt out of this agreement to arbitrate. If you do so, neither you nor Coloring Buddy can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing within 30 days of the date that you first became subject to this arbitration provision and must include your name and residence address, the email address you use for your Coloring Buddy account (if you have one), and a clear statement that you want to opt out of this arbitration agreement. Any requests to opt out must be sent to optout@coloringbuddy.app; and
11. Intellectual Property Disputes. Notwithstanding the foregoing, Coloring Buddy or you may submit any dispute, cause of action, claim, or controversy relating to our or your intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights, and other patents) to any court of competent jurisdiction.
General. Any claim relating to and the use of this Service and the materials contained herein is governed by the laws of the State of California. You consent to the exclusive jurisdiction of the state and federal courts located in Marin County, California. A printed version of these Terms will be admissible in judicial and administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
These Terms set forth the entire understanding and agreement between us with respect to the subject matter hereof. We do not guarantee continuous, uninterrupted or secure access to the Service, and operation of the Service may be interfered with by numerous factors outside of our control. Except as set forth in the section titled Dispute Resolution above, if any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions will be enforced. You agree that these Terms and all incorporated agreements may be automatically assigned by Coloring Buddy in our sole discretion. Headings are for reference purposes and have no interpretive value. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. All sections which by their context ought to survive these Terms will survive any termination or expiration of these Terms.
Digital Millennium Copyright Act (“DMCA”) Notice. In operating the Service, we may act as a “services provider” (as defined by DMCA) and offer services as online provider of materials and links to third-party websites. As a result, third-party materials that we do not own or control may be transmitted, stored, accessed, or otherwise made available using the Service. Coloring Buddy has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Service. Coloring Buddy has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of Coloring Buddy or of a third party, or that has otherwise violated any intellectual property laws or regulations or any of the terms and conditions of these Terms. If you believe any material available via the Service infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the material. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is dmca@coloringbuddy.app.
Please provide the following notice:
1. Identify the copyrighted work or other intellectual property that you claim has been infringed;
2. Identify the material on the Service that you claim is infringing, with enough detail so that we may locate it on the Service;
3. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
4. A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
5. Your address, telephone number, and email address; and
6. Your physical or electronic signature.
We may give notice to our users of any infringement notice by means of a general notice on the Service, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to a user’s physical address in our records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement from you under the penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located or, if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Apple Disclaimer. The following applies to any part of the Service you acquire from an electronic store branded, owned, or controlled by Apple or any affiliate of Apple (“App Store-Sourced Software”):
You acknowledge and agree that these Terms are solely between you and Coloring Buddy, not Apple, and that Apple has no responsibility for the App Store-Sourced Software or content thereof. Your use of the App Store-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store-Sourced Software. In the event of any failure of the App Store-Sourced Software to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price for the App Store-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to Coloring Buddy as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App Store-Sourced Software or your possession and/or use of the App Store-Sourced Software, including but not limited to: (a) product liability claims; (b) any claim that the App Store-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and any law applicable to Coloring Buddy as provider of the software. You acknowledge that in the event of any third-party claim that the App Store-Sourced Software or your possession and use of that App Store-Sourced Software infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You and Coloring Buddy acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms as relates to your license of the App Store-Sourced Software and that upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as relates to your license of the App Store-Sourced Software against you as a third-party beneficiary thereof.
Additional Assistance. If you do not understand any of these Terms of Service or if you have any questions or comments, you may contact us at support@coloringbuddy.app.