GENERAL TERMS AND CONDITIONS
SECTION 1 - TERMS OF SERVICE; DEFINITIONS
Visits to, and purchases of products from this website known as "thejadedpalette.com", including all services, products, features, content, information and tools now or hereafter available on this site (collectively, "Service"), are conditioned upon your acceptance of, and agreement to be bound by, all terms and conditions from time to time in effect for this website. Each visit to this website constitutes your acceptance of and agreement with same.
"Terms", "Conditions" and "General Terms and Conditions" shall all mean the provisions from time to time set forth on this website to which all users are subject (whether or not expressly labelled as "terms" or "conditions"), and including, without limitation, (i) the provisions of "Shipping and Returns", "Our Guarantee", "Alterations", "Image Credits and Disclaimer" and "Privacy and Security", and (ii) any and all provisions, terms, conditions and policies established by any relevant third party (all of the foregoing being, collectively, “Terms of Service”). If you do not agree with all of the Terms of Service, then you must leave this website and not access same thereafter, or use the Service.
SECTION 2 – CERTAIN USER AGREEMENTS
By visiting this website, you represent and warrant that you are at least the age of majority in your jurisdiction of residence, and that you will not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or any Third Party. You also acknowledge that your information (other than credit card information), may be transferred unencrypted over multiple networks or devices.
In addition to all other prohibitions set forth from time to time in the Terms of Service, you are prohibited from using the Service or any portion thereof: (a) for any unlawful purpose, whether alone or through solicitation of others to perform or participate in unlawful acts; (b) in violation of any applicable law, whether international, federal, provincial, state or local, and whether by law, rule, regulation or ordinance; (c) to infringe upon or violate the intellectual property rights of The Jaded Palette or others; (d) to disparage, harass, libel, slander, defame, intimidate, abuse or discriminate based on race, gender, religion, sexual orientation, ethnicity, age, national origin or disability; and (e) to upload or transmit viruses, worms or any other type of malware that may in any way affect the functionality, security or operation of this website, the Service or any other websites.
SECTION 3 – MODIFICATION OF SERVICE AND TERMS
This website is hosted by Shopify Inc., which provides us with the online e-commerce platform that allows us to sell our products, as well as the payment gateways provided for our customers. We do not control any changes, amendments or modifications to any Terms of Service from time to time made by Shopify or any third parties or their respective agents, employees, subcontractors, heirs, successors and assigns (Shopify and all such other entities being, collectively, "Third Parties").
We or any Third Party may from time to time, change, amend, modify or cancel the Terms of Service, without notice, and without liability therefor. All material changes, amendments and modifications known to us will be posted within a reasonable time as an addendum to these General Terms and Conditions. Irrespective of whether you have actual knowledge, use of this website following any such posting constitutes your agreement to be bound by such new or altered Terms of Service.
We may at any time suspend or discontinue the Service (or any part or content thereof) or change our pricing, all without notice or liability therefor. However, any price change will not affect orders already placed prior thereto.
We may decline to provide any Service, including the sale of products, to any person, or to any geographic region or jurisdiction.
YOU ARE RESPONSIBLE FOR REVIEWING THESE TERMS OF SERVICE PERIODICALLY FOR CHANGES, AMENDMENTS AND ALTERATIONS.
SECTION 4 - EXTERNAL LINKS
We may from time to time provide our visitors with links to unrelated, external sites and/or to Third Party sites. We make no representations or warranties regarding, and will have no liability for, any inaccuracy or misrepresentation made on any such site, or any loss or damages arising from your visits thereto.
We do not monitor any such sites, and we have no control over any aspect of same, including content, privacy policies, payments, security features or other matters. With the sole exception of www.katekennedyarts.com, our sister site, we have no relationship, financial or otherwise, with any external site that may from time to time be mentioned in this website. In the event of any such future relationship, we will disclose same as an addendum to these General Terms and Conditions.
You acknowledge and agree that your use of any such third-party site is entirely at your own risk, and that you are solely responsible for all consequences, whether foreseeable or not foreseeable, arising from same, and, without limiting the generality of any other indemnity provisions, that you will indemnify and hold harmless The Jaded Palette from all loss, costs and expenses arising from same.
SECTION 5 – YOUR SUBMISSIONS
Except for information necessary to place an order, we do not wish to receive confidential or proprietary information of any nature. Any information, materials, images, suggestions, comments, remarks, ideas or designs sent to us and any response to contests, questions posed and other solicited visitor remarks (collectively, “submissions”) will be deemed non-confidential and non-proprietary, and you hereby grant The Jaded Palette an irrevocable and unrestricted license to use, modify, reproduce, publish, transmit, display and distribute any such Submission for any purpose whatsoever. We shall not be liable for (a) any payment, royalty, reimbursement or other compensation to you in connection with our usage of any Submission; (b) any failure to acknowledge or credit you with any such Submission; (c) any failure to maintain any Submission in confidence; or (d) any failure to respond to any Submission.
We may, but shall have no obligation to, monitor, edit or remove any Submission that we, in our discretion, determine to be libelous, defamatory, unlawful, offensive, threatening, obscene or otherwise objectionable or in violation of any person’s intellectual property rights or these Terms of Service.
You represent that none of your Submissions will (a) violate any applicable law; (b) any right of any person, including copyright, trademark, privacy or other personal or proprietary right; or (c) contain libelous, defamatory, unlawful, offensive, threatening, obscene or otherwise objectionable material. You are solely responsible for any and all of your Submissions, and their truth, accuracy and completeness.
Section 6 - COPYRIGHTS, TRADEMARKS, etc.
A. Copyrights
The Jaded Palette respects the rights of copyright owners, and will not willfully infringe upon same. All images on our website are either our own photographs, or are readily available online and are believed to be in the public domain and/or entitled to be posted by us under the fair use doctrine. Where it appears to us that creative commons or similar licenses require photo credits and/or links to originating websites, we have attempted to comply with same.
If you are a copyright owner of a photo or other image that appears on thejadedpalette.com, and you believe that its appearance on our website constitutes infringement of your copyright, please send us the Notice of Copyright Infringement described below, and we will remove it promptly. If you are a copyright owner, and you believe we have not provided adequate or accurate credit, please send an email to the address below stating precisely how you would like your copyrighted work to be credited, and we will be happy to comply.
B. Notice of Copyright Infringement
If you believe that your copyrighted work has been infringed (“Infringed Material”), please send us an email containing all of the following information:
1. A description of the copyrighted Infringed Material;
2. A description of where the Infringed Material is located on our website;
3. Your address, telephone number, and email address;
4. You must be able to include both of the following statements, you must actually include both such statements, and they must be true and correct in all material respects as of the date of your notice:
"I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or applicable law."
"I swear, under penalty of perjury, that the information in this notification is true and correct, and that I am the copyright owner or am duly authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."; and
5. The electronic signature of the person sending such notice.
Send the email with the subject line “notice of copyright infringement claim” to: thejadedpalette@gmail.com
C. Your Liability
You should be aware that you may be liable for damages (including costs and attorneys' fees) if your notice of infringement constitutes a material misstatement or misrepresentation, or is false or misleading in any material respect.
D. Disclaimer of Endorsements
IMAGES OF ARTWORK AND THIRD PARTY PHOTOGRAPHS ARE PROVIDED SOLELY FOR INFORMATIONAL AND EDUCATIONAL PURPOSES.
THE USE ON THIS WEBSITE OF ANY PERSON'S ARTWORK OR PHOTOGRAPHIC IMAGE DOES NOT CONSTITUTE OR IMPLY ANY KNOWLEDGE OF, OR ENDORSEMENT BY, SUCH ARTIST, PHOTOGRAPHER, COPYRIGHT HOLDER, OR THEIR HEIRS, SUCCESSORS, LICENSEES AND ASSIGNS (COLLECTIVELY, "OWNERS") OF (i) THE JADED PALETTE; (ii) THIS WEBSITE, INCLUDING THE CONTENT HEREOF; OR (iii) ANY PRODUCT OR SERVICE OFFERED HEREUNDER.
E. Our Trademarks, Copyrights, etc.
All content, materials, images, paintings, photographs, designs, text, logos and jewelry (collectively, “Content”) on this site are protected by copyright and trademark to the fullest extent of the law on a world-wide basis. The Jaded Palette, TJP and the TJP logo are all trademark properties of the Company, and may not be used, modified, copied, reproduced or published in any form without the prior written consent of The Jaded Palette, LLC.
Visitors to this website may download or copy Content solely for personal, non-commercial use only. All right, title and interest in and to all Content is expressly reserved to The Jaded Palette, LLC; nothing contained herein shall be construed as transferring to any person any right, title or interest in and to any Content including by virtue of downloading or copying same. Except as expressly permitted hereby, you may not reproduce, publish, transmit, distribute or display any Content. You may not under any circumstances, alter, modify or create derivative works from, or sell, transfer or exploit in any way, any of the Content.
SECTION 7 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not represent or warrant that your use of the Service will be uninterrupted, timely, secure or error-free. You expressly agree that your use of, or inability to use, the Service is solely and exclusively at your risk. Except as expressly provided under Our Guarantee and Shipping and Returns sections, the Service and all products delivered to you are 'as is' and 'as available' without representation or warranty of any kind, whether express or implied, and including, without limitation, any and all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall The Jaded Palette or our members, managers, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, licensors or licensees be liable for any loss, cost, expense, injury or claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Service, this website or any products purchased on this website. To the extent that the foregoing limitation of liability may be unenforceable in whole or in part in a particular jurisdiction, in that jurisdiction alone our liability shall be limited to the maximum extent permitted by law.
SECTION 8 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless The Jaded Palette, LLC and our members, managers, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, licensors and licensees from and against any and all losses, claims or demands, including reasonable attorneys’ fees, made by any person due to or arising out of your breach of these Terms of Service, or your violation of any applicable law or third-party rights.
SECTION 9 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable in a given jurisdiction, the remainder of such Terms of Service shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed herefrom. Any such determination shall not affect the validity or enforceability of any other remaining provisions, or the validity or enforceability of such provision in any other jurisdiction.
SECTION 10 - ACCURACY OF INFORMATION
We reserve the right, but are not obligated, to correct any errors, inaccuracies or omissions in the Service, and to change or update information or cancel orders at any time without prior notice. Any specified update or refresh date appearing in one or more places on this website does not imply that any other portion of this website has been updated or refreshed.
In dealing with beads, country of origin, artisan and age are often open to question, and reliable experts disagree among themselves. We strongly believe that part of the joy in wearing "old" beads is knowing their history; as a result TJP makes a concentrated, genuine effort to provide accurate details. If a description of a bead or finding on our site proves to be untrue in any material respect, we will promptly correct same; such amendments will be displayed on the page called "Our Jewelry". In no event, however, shall The Jaded Palette be liable for any inaccurate representation regarding any product or component thereof.
Much information relating to old beads is subjective and a matter of opinion rather than established fact. While we welcome new information, we may or may not publish Submissions regarding purported inaccuracies in our discretion. Where a visitor disagrees with a description provided by one of our suppliers but fails to provide objective evidence, in all likelihood we will defer to our vendor's opinion.
Any customer who believes the product purchased contained an inaccurate description may return same in accordance with our Shipping and Returns policies. If such return occurs within 45 days of shipment, and is accompanied by satisfactory written proof of such inaccuracy, TJP will reimburse the customer for return shipping and insurance costs. TJP may exercise reasonable discretion in determining whether such proof is adequate.
Section 11 - AMENDMENT, WAIVER, ETC.
Our failure to enforce any provision of these Terms of Service shall not constitute a waiver of any other or future right to exercise same. Any purported modification or alteration of the Terms of Service may be made only by The Jaded Palette or a Third Party; no website user is entitled to amend, modify or alter same.
Section headings are for convenience of reference and shall not be used to construe or interpret this agreement.
SECTION 12 - GOVERNING LAW
These Terms of Service and all amendments or modifications hereto shall be construed in accordance with and be governed by the laws of The State of New York.
