The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "User", "You" and "Your" refers to you, the person accessing this website and compliant to the Company’s terms and conditions. "Ensaio", "ensaio", "ensa.io", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves.All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services.
Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Ensaio's servers are defined as servers owned by Ensaio and/or servers owned by a third party contracted by Ensaio.
Do not continue to use Ensaio if you do not agree to take all of the terms and conditions stated on this these Terms of Service (herein referred to as “Terms” or “TOS”).
Throughout this document the term "color cultures" is used, color cultures are defined as: color schemes that can be programmed to modify themselves following an algorithm, set of instructions and/or commands. When not paired with the word color, the words culture or cultures retain their default meaning.
We reserve the right, at our sole discretion, to change and/or modify the TOS at any time. The changes will be posted on this page along with the date of revision. The changes will be effective immediately and your continued usage of the service indicates your acceptance of the new TOS.
In order to register an account at Ensaio you must follow these rules:
Also, you are solely responsible for the correct usage and safe storage of the login credentials (username and password). The service provides links for retrieval of the login credentials if the need arises.
We hold the sole discretion on approving registration for users. We also hold the sole discretion on terminating or suspending an account on the web site without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms after which your right to use this web site will cease immediately.
Some areas of the Service allow Users to post content such as profile information, color cultures, palettes, tags, and other content or information (any such materials a User submits, posts, displays, or otherwise makes available on the Service (“User-Generated Content”).
You are solely responsible for the content of, and for any harm resulting from, any User-Generated Content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that Content. We are not responsible for any public display or misuse of your User-Generated Content.
In order to Ensaio host, publish and share it you grant us and our legal successors the right to store, parse, analyze and display Your Content, and make incidental copies as necessary to render the Website and provide the Service. This includes the right to do things like copy it to our database and make backups; show it to you and other users; parse it into a search index or otherwise analyze it on our servers.
In order to we publicize and present our service you to grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sub-licensable license to use, copy, modify, adapt, prepare derivative works from, distribute, perform, and display Your Content and any name, username, voice, or likeness provided in connection with Your Content in all media formats and channels now known or later developed. This license includes the right for us to make Your Content available for syndication, broadcast, distribution, or publication by other companies, organizations, or individuals who partner with ensaio. You also agree that we may remove metadata associated with Your Content, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content.
Full ownership, as well as responsibility, of all your User-Generated Content is retained by you. This license does not grant Ensaio the right to sell Your Content or otherwise distribute or use it outside of the scope declared in this TOS.
This service lets users post and create color schemes, color cultures, color names, tags and their own personal details. We do not take any responsibility nor offer warranty for any of their content, accuracy and/or usage.
Some areas of the site serve as examples of usage for a color culture using artwork created by Ensaio. Ensaio's authorship and ownership of said artwork is not forfeited and is being used only as visual help to better display its users projects.
No use of Ensaio's logo or other artwork will be allowed for linking absent a trademark license agreement.
Colors related to brands, emblems, flags, teams, etc... do not represent an affiliation, endorsement nor ownership, in case of misrepresentation, desire of correction or willingness to remove a color scheme related to your brand please contact firstname.lastname@example.org.
Unless stated explicitly, we do not endorse any company, brand, person, product, region, ideology, culture or political viewpoint.
We, at our sole discretion, can choose to be affiliates of companies and products of good standing. In such cases, we will clearly mention our affiliation.
We do not pre-screen User-Generated Content, but we reserve ourselves the right (though not the obligation) to refuse or remove any User-Generated Content that, in our sole discretion, violates any of our terms or policies.
The web site, content and services are provided “as is”. We offer no warranty, explicit or implied, regarding the content, the web site and the service. We also offer no warranty for the accuracy of the content or that the web site and/or our services would meet your requirements or that their use and functioning will be uninterrupted or error free.
We would not be liable to you or any other person or entity for any general, punitive, special, indirect, consequential or incidental damages, or lost profits or any other damages, costs or losses arising out of your use of the web site or its content or our services.
We explicitly make no claims of precision nor accuracy on displaying, converting and composing colors, since we serve to a plurality of display and devices that may vary wildly we cannot claim such qualities.
In its current state this service aims to instigate creativity and ease of use, not precision.
Color names and color culture names are arbitrary and subjective, as definitions of color names vary from society to society.
We would not be responsible for any copies of the content residing on another web server.
To learn more about our cookies usage visit https://ensa.io/privacy#cookies.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.