Terms Of Use
Welcome to ownacolor.com. AkzoNobel has developed this exciting opportunity to raise money for their chosen charity, UNICEF UK (www.unicef.org.uk).
By naming a color on ownacolor.com/ownacolor,com] you are assigning a name of your choice to a particular color on the website. You will not actually “own” the color, but it will be labelled with the name of your choice for the purposes of this website and this charitable promotion.
Whilst donations generated by this site will benefit UNICEF UK’s charitable work, UNICEF UK does not endorse any particular brand, product or service.
Please note that the names given to the colors on ownacolor.com will not affect the names of any of AkzoNobel’s products, including any Dulux paints. However AkzoNobel will have the right to use any name given to a color through this website for any of its products in the future.
This page (together with the documents referred to on it) ("Terms") tells you the terms of use on which you may make use of our website ownacolor.com including but not limited to any donations, or orders, interactive services or features, for example, reviews, messages, blogs, and email messaging (our site). Please read these Terms carefully before you start to use the site. By using our site, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please do not use our site.
Information About Us
ownacolor.com is a site currently operated by Imperial Chemical Industries Limited (trading as ICI Paints AkzoNobel) (we or us) whose registered office is at 26th Floor, Portland House, Bressenden Place, London SW1E 5BG, registered in England number 218019, VAT number GB238458241 and also for the benefit of its affiliated entities including AkzoNobel Coatings International BV and all direct and indirect subsidiaries of Akzo Nobel N.V, (AkzoNobel) also referred to as we or us.
The United Kingdom Committee for UNICEF (“UNICEF UK”), whose registered office is at 30a Great Sutton Street, London EC1V 0DU, is registered with the Charity Commission in England and Wales (charity number 1072612),
In the event of any complaints or queries (including to complain about any content we may host or send) please contact ownacolour@akzonobel.com.
Accessing Our Site
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our site, or our entire site. We reserve the right in our sole discretion to deny any user access to the website or any part of it without prior notice, and to edit, suspend or close the site at any time.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.
When using our site, you must comply with all applicable laws and regulations, and with these Terms, including the provisions of our acceptable use policy set out below.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights in our site (with the exception of any UNICEF UK logos or trade marks, which are the intellectual property of UNICEF UK), and in the material published on it. Those works are protected by copyright laws and treaties around the world. © AkzoNobel 2011. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference only and you may draw the attention of others within your organisation, if applicable, to material posted on our site. Any such materials may not be used in a derogatory or misleading way and may not be used for the purpose of promoting, advertising, endorsing or implying a connection between you and us or you and UNICEF UK.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Reliance On Information Posted
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on by any visitor to our site, or by anyone who may be informed of any of its contents.
Our Liability
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
- All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
- Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and
- for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Information about you and your visits to our site
AkzoNobel and UNICEF UK use, store and process information about you in accordance with our privacy policy. By using our site, you consent to such use, storage and processing and you warrant that all data provided by you is accurate.
Naming A Colour/ Uploading Material To Our Site
Whenever you make use of a feature that allows you to upload (including sending as well as hosting) material (including naming a color and any contributions, messages or other content) to our site, or to make contact with other users of our site or to send any message or content to others (for example via email using our site), you must comply with the content standards set out in our acceptable use policy below. You warrant that any such contribution or other content or message supplied by you or on your behalf does comply with these Terms, including those standards. You agree to indemnify, defend and hold harmless us, our trustees, directors, officers, agents and employees from and against all liabilities, claims, demands and expenses arising out of your breach that warranty. You also warrant that you have the recipients' permission for us to use their email address to send any messages on your behalf. You indemnify us in respect of any liability we may incur where we send messages on your behalf.
Any material you upload to our site, will be considered non-confidential and non-proprietary. You waive all rights you have in the name you give to a color through our site to the fullest extent permissible by law. You acknowledge and agree that the name you give to a color on our site may be used by us in future for products and product literature.
We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy or of any other legal right.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by any user of our site.
We have the right to remove any material or posting you make on our site (including naming a color) if, in our opinion, such material is offensive, potentially defamatory, unlawful, in violation of any third party rights, or does not comply with these Terms including the content standards set out in our acceptable use policy.
Payments by Credit and Debit Card
Your donation will be processed by UNICEF UK through its own payment provider. UNICEF UK accepts Maestro, Mastercard, Mastercard Debit, Visa, Visa Debit, Visa Electron and American Express cards.
Payments by SMS
Your donation will be taken through a premium rate text message. You will be charged the amount you donate, plus one text message at your standard network rate. Due to the way networks operate, if you choose to donate more than £5 you will receive two text messages. When you see your donation on your bill, it will be shown without VAT (e.g. if you donate £5 then you may see one charge for £4.17 plus £0.83 VAT, making a total of £5). For a list of operator networks and the amount that will be received by UNICEF UK, please see the table below.
| Network | Amount that goes to UNICEF UK | |||
|---|---|---|---|---|
| £1 Donation | £3 Donation | £5 Donation | £10 Donation | |
| Orange | £0.99 | £2.99 | £4.99 | £9.98 |
| O2 | £0.96 | £2.96 | £4.96 | £9.92 |
| Vodafone | £0.99 | £2.99 | £4.99 | £9.98 |
| 3 | £0.93 | £2.81 | £4.70 | £9.40 |
| T-Mobile | £0.99 | £2.99 | £4.99 | £9.98 |
| Virgin | £0.99 | £2.99 | £4.99 | £9.98 |
Donations
Donations are non-refundable gifts and do not in any way constitute any form of consideration for goods or services.
Viruses, hacking and other offences
You must not use our site in any way that causes, or is likely to cause, our site or access to it to be interrupted, damaged or impaired in any way.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you may commit a criminal offence under the applicable law. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
Linking to our site
You may link to our site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
Our site must not be framed on any other site. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.
If you wish to make any use of material on our site other than that set out above, please address your request to ownacolour@akzonobel.com
Jurisdiction and applicable law
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
Trade marks
AKZONOBEL, ALBA, ASTRAL, BRUGUER, CORAL, DULUX, DULUX VALENTINE, INCA, FLEXA, GLIDDEN, LEVIS, MARSHALL, SADOLIN, SICO, VIVECHROM and LET’S COLOUR and related logos are trade marks of the AkzoNobel Group © AkzoNobel
Variations
We may revise these Terms at any time, in which case the amended Terms will apply from the time we post them on our site. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.
Severance
If any provision of these Terms is found by any court or competent authority to be invalid, unlawful or unenforceable, that provision shall be deemed not to be a part of the Terms and it shall not affect the enforceability of the rest of the Terms.
Responsiblity
AkzoNobel and UNICEF UK are not responsible for any acts or omissions of the other in relation to the operation of this site or the charitable promotion. The liability of AkzoNobel or UNICEF UK for their respective obligations and liabilities in relation to the site and the charitable promotion shall be several.
Waiver
Any failure by us to exercise a right or remedy in respect of a breach of these Terms does not constitute a waiver of that right or remedy or of any other rights or remedies. No single or partial exercise of a right or remedy shall prevent a further exercise of that or any other right or remedy.
Your concerns
If you have any concerns about material which appears on our site, please contact ownacolour@akzonobel.com
Acceptable Use Policy
This Acceptable Use Policy (together with our terms of use and any other documents referred to on it) applies to all users of, and visitors to, our site and are the rules which govern our site.
Prohibited uses
You may use our site only for lawful purposes. You may not use our site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of use [INSERT AS LINK TO WEB-SITE'S T&Cs].
-
Not to access without authority, interfere with, damage or disrupt:
- any part of our site;
- any equipment or network on which our site is stored;
- any software used in the provision of our site; or
- any equipment or network or software owned or used by any third party.
Interactive Services
We may from time to time provide interactive services on our site, including, without limitation:
- Blogs.
- Chat rooms.
- Bulletin boards.
- Messaging services
(interactive services).
Where we do provide any interactive service, we will provide information to you about the kind of service offered and what (if any) form of moderation is or may be used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
Moderation
Publication or transmission of any contributions is not guaranteed. We may apply in our discretion various forms of moderation including:
- Self monitoring e.g. bad word filtering
- Community monitoring
- Editor/publisher monitoring
We reserve the right to edit contributions or to remove, or disable access to, any contribution which we may deem to be offensive, potentially defamatory, unlawful, in violation of any third party rights, or otherwise in breach of our content standards.
Content Standards
These content standards apply to any and all material which you contribute to our site (including any naming a color submissions ) or which you include in any emails and/or messages sent through our site (contributions), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
Contributions must:
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable law and in any country from which they are posted or in which they are accessed or received.
Contributions must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful, vulgar, blasphemous, pornographic or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any intellectual property rights of any other person, including any copyright, database right or trade mark.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person or entity.
- Give the impression that they emanate from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Suspension and Termination
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this acceptable use policy constitutes a material breach of the Terms upon which you are permitted to use our site, and may result in our taking all or any of the following actions (which you agree we are entitled to do):
- Immediate, temporary or permanent withdrawal of your right to use our site.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Changes To The Acceptable Use Policy
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.
Thank you for visiting our site.
