Terms of Service
Last Updated: July 1, 2020
This Website is operated by Scholars Market, LLC, a New York limited liability company (hereinafter, “Paint Your Blessings”). These terms and conditions (“Terms”) govern your access to the Paint Your Blessings website (the “Website”).
Your access to and use of the Website is expressly conditioned on your compliance with these Terms. Certain features, services or tools of the Website may be subject to additional guidelines, terms, or rules, which will be posted with those features and are a part of these Terms.
The term “you” or “User” shall refer to any person or entity who views, uses, accesses, browses or submits any content or material to the Website. The terms “we,” “our” or “us” shall refer to Paint Your Blessings.
The Website is offered to you conditioned on your acceptance without modification of Terms contained herein. Your use of the Website constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.
These Terms are important and affect your legal rights, so please read them carefully. Note that these Terms contain a mandatory arbitration provision that requires the use of arbitration on an individual basis and limits the remedies available to you in the event of certain disputes.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING, USING AND/OR CREATING AN ACCOUNT ON THE WEBSITE, CONSUMMATING A FINANCIAL TRANSACTION VIA THE WEBSITE OR COMMUNICATING WITH USERS THROUGH THE WEBSITE, YOU ARE AFFIRMING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE WEBSITE.
USE OF OUR WEBSITE
Our website provides access to our products and services which include the sale of art products, as well as booking for virtual and in-person paint workshops and paint parties. We also provide event space rentals for private events and event planning and coordination services.
Subject to your compliance with its obligations under these Terms, we will provide you with access to the Website. Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide without notice. We will not be liable if for any reason our Website are unavailable at any time or for any period. We may make some parts of our Website available only to Users who have registered an account with us. You may be required to register an account with us and submit certain personal data to access certain parts of our Website.
You must be eighteen (18) or over in order to use the Website and its services. Paint Your Blessings does not knowingly collect, either online or offline, personal information from persons under the age of 13.
REGISTRATION, ACCOUNT AND COMMUNICATION PREFERENCES
In order to access and use certain areas or features of the Website, you may need to have an account with us (the “Account”). We may maintain different types of Accounts for different types of Users. If you create an Account on behalf of a company, organization, or other entity, then (i) “you” includes you and that entity; (ii) you represent and warrant that you are an authorized representative of the entity with authority to bind the entity to these Terms; and (iii) you agree to these Terms on the entity’s behalf. By creating an Account, you agree to (i) provide accurate, current and complete account information about yourself as necessary, (ii) maintain and promptly update from time to time as necessary your Account information, (iii) maintain the security of your password and accept all risks of unauthorized access to your Account and the information you provide to us, and (iv) immediately notify us if you discover or otherwise suspect any security breaches related to your Account. In creating an Account, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or any other applicable jurisdiction. We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading.
(a) Communication Preferences
By creating an Account, you also consent to receive electronic communications from us (e.g., via email or by posting notices to the Website). These communications may include notices about your Account (e.g., password changes, updates and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
(b) Account Information
You agree to provide current, complete and accurate payment and account information for your Account. You agree to promptly update your Account and other information, including your email and address, so that we can complete your transactions and contact you as needed. We reserve the right to suspend the provision of the Website or any part thereof, if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading. You are responsible for all charges incurred under your Account, whether made by you or another person using your Account.
(c) Account Access and Security
If you use the Website, you are responsible for maintaining the confidentiality of your Account and password for restricting access to your computer or mobile device, and you agree to accept responsibility for all activities that occur under your Account or password. You may not assign or otherwise transfer your Account to any other person or entity. You acknowledge that we are not responsible for third party access to your account that results from theft or misappropriation of your account. We reserve the right to refuse or cancel service, terminate accounts, or remove or edit content from the Website if in our opinion, you have failed to comply with any of the provisions of these Terms.
ACCESS TO THE WEBSITE
We shall use commercially reasonable efforts to ensure the availability of the Website, except that we shall not be liable for: (a) scheduled downtime; or (b) any unavailability caused directly or indirectly by circumstances beyond our reasonable control, including without limitation, (i) a force majeure event; (ii) Internet service provider, webhosting, cloud computing platform, or public telecommunications network failures or delays, or denial of service attacks; (iii) a fault or failure of your computer systems or networks; or (iv) any breach by of these Terms by you.
In connection with any purchase you make, you expressly authorize us, (or our third-party service provider) to charge you for such transaction. In that case, we will charge, the payment method you have on your Account or any other payment method you specify at the time of purchase. We may ask you to supply information relevant to your purchase including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. If you pay any amounts with a credit card, we may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has credit available for the Transaction.
If you purchase any products or services through our Website, the total fees for the Product will be paid by you to a third-party payment processor Square, Inc. (“Payment Processor”). The Payment Processor is responsible for transacting such payments through its platform, and you agree to release and hold us harmless from any errors, negligence or misconduct by the Payment Processor. You authorize Payment Processor to directly remit us any applicable fees owed to us. Paint Your Blessings is not liable for any fees incurred due to billing errors.
Any bookings made through our Website must be paid in advance. In the event you need to cancel a booking, we ask that you notify us at least 24 hours in advance. However, all bookings are non-refundable. If for any reason you cannot attend, or the event is cancelled due to a Force Majeure event (as defined below), you will be able to re-schedule your booking for a later date.
Use of the Website is limited to the permitted uses expressly authorized by us. The Website shall not be used in any way that:
(1) Harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights);
(2) is unlawful, fraudulent, or deceptive;
(3) uses technology or other means to access unauthorized content or non-public spaces;
(4) uses or launches any automated system or process, including without limitation, "bots," "spiders," or "crawlers," to access unauthorized content or non-public spaces;
(5) attempts to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(6) attempts to damage, disable, overburden, or impair our servers or networks;
(7) attempts to gain unauthorized access to our computer network;
(8) attempts to gain unauthorized access to any user accounts;
(9) uses false or inaccurate user accounts;
(10) encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
(11) violates these Terms in any manner; or
(12) fails to comply with applicable third-party terms and conditions or other third-party policies.
USE OF COMMUNICATION SERVICES
The Website may contain comment sections, chat areas, news groups, forums, reviews, and/or other message or communication facilities designed to enable you to communicate with other Users (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
(1) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
(2) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
(3) upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;
(4) upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
(5) advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;
(6) conduct or forward surveys, contests, pyramid schemes or chain letters;
(7) download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner;
(8) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded,
(9) restrict or inhibit any other user from using and enjoying the Communication Services;
(10) violate any code of conduct or other guidelines which may be applicable for any particular Communication Service;
(11) harvest or otherwise collect information about others, including e-mail addresses, without their consent;
(12) violate any applicable laws or regulations.
We have no obligation to monitor the Communication Services. However, we reserve the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. We reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
INTELLECTUAL PROPERTY RIGHTS
You are granted a non-exclusive, non-transferable, revocable license to access and use the Website strictly in accordance with these Terms. As a condition of your use of the Website, you warrant to us that you will not use the Website for any purpose that is unlawful or prohibited by these Terms. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
All content included as part of the Website, such as text, graphics, logos, images, videos, as well as the compilation thereof, and any software used on the Website, is the property of Paint Your Blessings or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website. Our content is not for resale. Your use of the Website does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Paint Your Blessings and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Paint Your Blessings or our licensors except as expressly authorized by these Terms.
You can submit questions, comments, suggestions, ideas, original or creative materials or other information about us, or the Website or the services provided through the Website (collectively,
“Feedback”). Feedback is non-confidential and shall become the sole property of Paint Your Blessings. We shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
LINKS TO THIRD PARTY WEBSITES/THIRD-PARTY SERVICES
The Website may contain links to other brands or services ("Linked Website"). The Linked Websites are not under our control and we are not responsible for the contents of any Linked Websites, including without limitation any link contained in a Linked Website, products or merchandise sold through the Website, or any changes or updates to a Linked Website. We are providing these links to you only as a convenience, and the inclusion of any link does not imply our endorsement of the services or any association with its operators. Certain services made available through the Website are delivered by third parties and organizations. By using any product, service or functionality originating from the Website, you hereby acknowledge and consent that we may share such information and data with any third party with whom we have a contractual relationship to provide the requested product, service or functionality on behalf of Paint Your Blessings and customers.
THIRD PARTY ACCOUNT LOGIN
In you register with the Website by using your Google, Facebook, Instagram, and other related accounts (individually, as a “Third Party Account”) login information, you authorize us to access and use certain Third Party Account information, including, but not limited to, any of your Third Party Account public profile and other information such as the profiles of Facebook friends or Instagram followers you might share in common with other Users. Please note that if your Third-Party Account or associated service becomes unavailable or if our access to such account is terminated by the third-party service provider, the Third-Party Account content will no longer be available on or through the Website. You have the ability to disable the connection between your Account and. Your Third-Party Account, at any time. Your relationship with such Third-Party service providers associated with your Third-Party Accounts is governed solely by your Agreement(s) with such Third-Party service providers. We make no effort to review any Third-Party Account content for any purpose, including, but not limited to, for accuracy, legality or non-infringement, and we are not responsible for any Third-Party Account content.
You may generate content, written or otherwise, while using the Website ("User Content"). You acknowledge and agree that your User Content may be used, reproduced, displayed, modified, deleted, added to, adapted, and published by us (for example, in product marketing campaigns).
You thereby grant us and its successors a worldwide, irrevocable, transferrable, sub-licensable, fully paid, royalty-free, non-exclusive license to use, reproduce, display, modify, delete from, add to, adapt, publish, and prepare derivative works from your User Content. You further acknowledge and agrees that you and you alone, are responsible for the development your User Content. You grant all rights described in this paragraph in consideration of your use of the Website and our services, without compensation of any sort to you. We do not claim ownership of User Content.
We will not access, view, display or listen to any User Content, except as set forth in these Terms and as reasonably necessary to operate the Website, including to monitor your conduct and misuse. Actions reasonably necessary to operate the website may include (but are not limited to) (a) advertising, marketing or otherwise promoting the Website; (b) responding to support requests and facilitating communication among Users; (c) detecting, preventing, or otherwise addressing fraud, security, unlawful, or technical issues; and (d) enforcing these Terms. We reserve the right to review, remove, block, or modify any content on the Website, including User Content, without notice or further obligation to you.
The uploaded User Content must be original material that has been created by the User. By uploading content to the Website, you represent and warrant that: (i) you exclusively own all right, title, and interest in and to the uploaded User Content; (ii) the uploaded User Content does not infringe upon the Intellectual Property Rights of any third party; and (iii) there are no legal actions, investigations, claims, or proceedings pending or threatened relating to the uploaded User Content.
INTERACTIONS WITH OTHER USERS
We cannot and do not verify the identity of Users of the Website or the accuracy of any information that Users provide. You are solely responsible for determining the identity and suitability of the other Users with whom you interact when using the Website. We do not investigate or verify any user’s or member’s reputation, conduct, morality, criminal background, or any information Users may submit to the Website. You are solely responsible for your interactions with other Users of the Website. Please note that there are risks that may arise when dealing with strangers, including persons who may be acting under false pretenses. Please choose carefully the information you post and that you give to other Users of the Website. You are discouraged from publicly posting your telephone number or street address on the Website. Information posted to the Website by other Users may be offensive, harmful or inaccurate, and in some cases, may be mislabeled or deceptively labeled. You assume all risks associated with dealing with other Users with whom you come in contact through the Website.
LIMITATIONS OF LIABILITY
By using the Website, you agree that Paint Your Blessings and each of their respective parents, affiliates, subsidiaries, franchisees, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, web masters, and their respective officers, directors, employees, representatives and agents (the "Released Parties") will not be responsible for any incorrect or inaccurate information, whether caused by you or by any of the equipment or programming associated with or utilized to access the Website; technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in network hardware or software or technical or human error.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PAINT YOUR BLESSINGS OR ANY OF THE RELEASED PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS OR USE OF THE WEBSITE OR THE USE OF ANY SERVICES PROVIDED BY PAINT YOUR BLESSINGS OR OTHERWISE RELATED TO THESE TERMS, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE). TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF PAINT YOUR BLESSINGS ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, THE ACCESS TO AND USE OF THE WEBSITE EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES PROVIDED BY PAINT YOUR BLESSINGS, IF ANY.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS PAINT YOUR BLESSINGS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THIRD PARTIES, FOR ANY LOSSES, COSTS, LIABILITIES AND EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES AND COSTS) RELATING TO OR ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE WEBSITE, YOUR VIOLATION OF THESE TERMS OR YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY, OR YOUR VIOLATION OF ANY APPLICABLE LAWS, RULES OR REGULATIONS. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.
HARM FROM COMMERCIAL USE
You agree that the consequences of commercial use or re-publication of content or information from the Website may be so serious and incalculable, that monetary compensation may not be
a sufficient or appropriate remedy and that we will be entitled to temporary and permanent injunctive relief to prohibit such use.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY PAINT YOUR BLESSINGS, THE WEBSITE AND THE INFORMATION CONTAINED ON THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. PAINT YOUR BLESSINGS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE WEBSITE AND INFORMATION CONTAINED THEREIN. PAINT YOUR BLESSINGS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY THIRD-PARTY PRODUCTS, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.
RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on the Website 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 such materials by any visitor of the Website, or by anyone who may be informed of any of its contents.
TERMINATION OR MODIFICATION OF SERVICE
We reserve the right to refuse registration, to suspend, block, prevent access to, cancel, or otherwise terminate your right to use the Website at any time, with or without cause, in our sole discretion and without prior notice to you. We may refuse to accept or may cancel any registration, whether or not the registration has been confirmed, for any or no reason, and without liability to you or anyone else. We also reserve the right to limit or prohibit all activity, including Accounts that, in our sole judgment, appear to be malicious or unlawful. All provisions of these Terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product or service descriptions, pricing, promotions, offers, charges and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel transactions if any information in the Website is inaccurate at any time without prior notice. We undertake no obligation to update, amend or clarify information on the Website, except as required by law. No specified update or refresh date applied in the Website, should be taken to indicate that all information in the Website has been modified or updated.
PAINT YOUR BLESSINGS DOES NOT REPRESENT, WARRANT OR OTHERWISE ENDORSE THAT THE WEBSITE OR ANY CONTENT OR INFORMATION THAT IS AVAILABLE, ADVERTISED OR SOLD THROUGH THE WEBSITE ARE ACCURATE, COMPLETE, AVAILABLE, CURRENT, OR THAT THE RESULTS OF USING THE WEBSITE WILL MEET YOUR REQUIREMENTS. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE WEBSITE.
Using the Website or sending emails to us constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.
BY AGREEING TO THE TERMS, YOU AGREE THAT YOU ARE REQUIRED TO RESOLVE ANY CLAIM THAT YOU MAY HAVE AGAINST PAINT YOUR BLESSINGS ON AN INDIVIDUAL BASIS IN ARBITRATION, AS SET FORTH IN THIS ARBITRATION SECTION. THIS WILL PRECLUDE YOU FROM BRINGING ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST PAINT YOUR BLESSINGS, AND ALSO PRECLUDE YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY CURRENT OR FUTURE CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION BROUGHT AGAINST PAINT YOUR BLESSINGS SOMEONE ELSE.
You and Paint Your Blessings agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Website at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and Paint Your Blessings, and not in a court of law.
The arbitration shall be administered by the American Arbitration Association ("AAA") in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for
Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this Arbitration Agreement. The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall pre-empt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of New York.
The Arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regard to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including tort claims that are a result of these Terms. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. YOU UNDERSTAND AND AGREE THAT YOU ARE GIVING UP THE RIGHT TO GO TO COURT AND HAVE A DISPUTE HEARD BY A JUDGE OR JURY. This Arbitration Agreement shall survive the termination of these Terms.
CLASS ACTION WAIVER
Any arbitration or action under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, the arbitrator or judge may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
JURISDICTION AND APPLICABLE LAW
If for any reason, a dispute proceeds in court, you irrevocably consent to the exclusive jurisdiction of the state and/or federal courts in Kings County, New York for purposes of any legal action arising out of or related to the use of the Website or these Terms. To the maximum extent
permitted by law, this agreement is governed by the laws of the State of New York, United States of America, without regard to New York conflict of laws rules. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and us with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us.
CHANGES TO TERMS
We reserve the right, in our sole discretion, to change the Terms under which the Website is offered. The most current version of the Terms will supersede all previous versions. We encourage you to periodically review the Terms to stay informed of our updates. We may alter or amend our Terms by giving you reasonable notice. By continuing to use the Website after expiry of the notice period or accepting the amended Terms (as we may decide at our sole discretion), you will be deemed to have accepted any amendment to these Terms.
RELATIONSHIP BETWEEN THE PARTIES
The Parties are independent contractors and nothing in these Terms shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor, or employee of the other. Each Party has sole responsibility for its activities and its personnel and shall have no authority and shall not represent to any third party that it has the authority to bind or otherwise obligate the other Party in any manner.
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
We shall be excused from performance under these Terms, to the extent we are prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders, or rebellion; (c) quarantines, pandemics, or embargoes; (d) labor strikes; (e) error or disruption to major computer hardware
or networks or software failures; or (g) other causes beyond the reasonable control of Paint Your Blessings.
These Terms constitute the entire agreement between you and us relating to your access to and use of the Website. The Website is controlled and operated from within the United States. Without limiting anything else, we make no representation that the Website, information or other materials available on, in, or through the Website are appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access our Website from other locations do so on their own volition and are responsible for compliance with applicable laws. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent. The waiver or failure of Paint Your Blessings to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms. Headings used in these Terms are for reference only and shall not affect the interpretation of these Terms. No person or entity not party to this agreement will be deemed to be a third-party beneficiary of these Terms or any provision hereof. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.”
We welcome your questions or comments regarding these Terms:
Scholars Market, LLC d/b/a Paint Your Blessings
400 Liberty Ave, Ground Fl.
Brooklyn NY 11207
Last Updated: July 1, 2020
The term “you”, “your”, “User” shall refer to any entity or person that views, uses, accesses, browses or submits any content or material to the Website. The terms “we,” “our” or “us” shall refer to Paint Your Blessings.
BY VISITING, SIGNING UP, USING, ACCESSING, AND/OR MAKING A FINANCIAL TRANSACTION ON THE WEBSITE, YOU CONSENT TO THE DATA PRACTICES DESCRIBED IN THIS STATEMENT. IF YOU DO NOT AGREE WITH OUT PRIVACY PRACTICES, PLEASE DO NOT USE OUR WEBSITE.
INFORMATION WE COLLECT
We will collect information, including both Personal Information and Non-Personal Information, when you interact with us and the Website, for example when you:
Access or use the Website;
Create an account with us;
Open or respond to our e-mails;
Contact customer service;
Visit any page online that displays our ads or content;
Make a purchase on or through the Website;
“Personal Information” means information about you that specifically identifies you or, when combined with other information we have, can be used to identify you. As a general rule, we do not collect Personal Information about you when you visit and/or use the Website, unless you choose to provide such information to us. Submitting Personal Information through the Website is voluntary. By doing so, you are giving us your permission to use the information for the stated purpose.
(a) LEGAL BASIS FOR COLLECTING YOUR PERSONAL INFORMATION
With your consent: We ask for your agreement to process your information for specific purposes and you have the right to withdraw your consent at any time.
(b) INFORMATION WE COLLECT AND HOW WE COLLECT INFORMATION • Your name;
• Email address;
• Phone number;
• Date of birth;
Through the Website, we may collect information that can identify you when you voluntarily submit it to us. Your Personal Information may include:
Current Address; and
Other similar information.
(c) STORAGE OF PERSONAL INFORMATION
We will take reasonable precautions, as well as physical, technical, and organizational measures in accordance with industry standards, as described herein, to protect your Personal Information from loss, misuse, unauthorized access, disclosure, alteration, or destruction.
Computer safeguards, such as firewalls and data encryption may be used to protect your information. We authorize access to your information only for those employees or agents who require it to fulfill their job responsibilities and these individuals are required to treat this information as confidential.
We collect and temporarily store certain information about your usage of the Website. Non-Personal Information means information that alone cannot identify you, including data such as cookies, pixel tags, web beacons and device information. The information includes, without limitation:
Device Data- We may collect information such as: the type of computer and/or mobile device you use; the unique device ID of your computer and/or mobile device; the IP address of your computer and/or mobile device; the operating system of your computer and/or mobile device; and the type of mobile internet browsers of your computer and/or mobile device.
Usage details- when you access and use the Website, we may automatically collect certain details of your access to and use of the Website, including traffic data, location data, logs and other communication data and the resources that you access and use on or through the Website.
Location information- When you first visit or use the Website we may request permission to collect and use your device’s precise geolocation. You can opt not to permit the collection of this information, but you may not be able to use the Website provided by Paint Your Blessings without access to your location. We need your location information in order to provide our Website. You can control how and whether we collect your precise geolocation information through your device’s settings.
If you do not want us to collect this information, you may either change your device’s privacy settings or DO NOT ACCESS OR USE THE WEBSITE.
INFORMATION COLLECTION TECHNOLOGIES
The technologies we use for automatic information collection may include:
Cookies (or mobile cookies): We may use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you. The purpose of a cookie is to tell the web server that you have returned to a specific page. You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Website.
Web Beacons: The Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an e-mail and for other related Website statistics.
Social Ad Platforms: We may also use Google Analytics, Facebook, Twitter and LinkedIn’s functionality of re-marketing through their tracking cookies and pixel-based retargeting services. This means that if you provided your consent to Google, Facebook, Twitter or LinkedIn (the “Social Ad Platforms”) to be provided with personalized commercial offers, you may be served with ads (including advertisements of third parties) based on your access to the Website, outside of the Website and across the internet. In such event, the Social Ad
Platforms, will place cookies on your web browser and use such cookies to serve you ads based on past visits to our Website.
CHANGING YOUR DATA COLLECTION SETTINGS
We strive to provide you with choices regarding the Personal Information you provide to us. You may need to adjust the settings on your computer and/or device to restrict the collection of information by the Website, but this may prevent you from accessing all of the features of the Website.
Location Information: You can choose whether or not to allow the Website to collect and use real-time information about your device’s location through the device’s privacy settings. If you block the use of location information, some parts or all of the Website may be inaccessible or not function properly.
Social Ad Platforms: If you wish to opt-out of re-targeting and tracking functionality of the Social Ad Platforms, you may do so through each platform directly. PLEASE NOTE that these tracking and targeting by Social Ad Platforms, is provided pursuant to your engagement with the Social Ad Platforms and the actual nature and scope of Personal Information collection and processing performed by such Social Ad Platforms may not be fully known to us. If you would like to learn more or make further inquiries with respect to such nature or scope, please refer to each Social Ad Platforms directly.
THIRD-PARTY AUTOMATIC INFORMATION COLLECTION
When you use the Website or its contents, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include:
Advertisers, ad networks and ad servers;
Your mobile device manufacturer;
Your mobile service provider; and/or
Your Internet provider.
These third parties may use tracking technologies to collect information about you when you use the Website. The information they collect may be associated with your Personal Information or they may collect information about your online activities over time and across different websites, mobile applications and other online sites. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
HOW WE USE YOUR INFORMATION
• Operate, maintain and improve the Website;
• Provide you with the Website and its contents, and any other information, products or services that you request from us;
• Manage your account;
• Send you reminders, technical notices, updates, security alerts, support and administrative messages and marketing messages;
• Fulfill and manage customer orders;
• Request customer feedback;
• Enable user-to-user communications;
• Answer your questions and respond to your requests;
• Ensure that content from our Website is presented in the most effective manner for you and for your computer or device for accessing the Website;
• Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including the Terms and Conditions; and
• Notify you when there are changes to any services we offer or provide though the Website.
(2) Usage and Analytics
• Estimate our audience size and usage patterns;
• Perform analytics and conduct customer research;
• Analyze advertising effectiveness; and
• Communicate and provide additional information that may be of interest to you about us and our business partner.
(3) Location: We will use location data for the following reasons:
• To provide our Website targeted to the city in which you are located;
• To display information that is relevant to your particular location.
HOW WE DISCLOSE YOUR PERSONAL INFORMATION
The Personal Information you provide to us whether voluntarily or automatically, may be used and disclosed without limitations, in the following instances:
• With vendors who provide services for us (who are required to protect the Personal Information);
• To report or collect on debts owed to us;
• To a prospective buyer or buyer of our company, or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all our assets;
• As part of bankruptcy, liquidation or similar proceeding;
• To comply with legal requirements for the enforcement of law, regulations, court orders, subpoena, a warrant during the course of a legal proceedings or otherwise; or
• To protect and safeguard our copyright, trademarks, legal rights, intellectual property rights or safety; or
• In response to a subpoena, or similar legal process, including to law enforcement agencies, regulators, and courts in the United States.
HOW WE DISCLOSE YOUR NON-PERSONAL INFORMATION
We may also disclose Non-Personal Information:
For the same reasons, we might share Personal Information;
With our advertisers for their own analysis and research;
To facilitate targeted content and ads; or
With Third-Party Ad Servers to place our ads on the Website and on third-party websites or mobile applications.
HOW TO ACCESS, UPDATE, WITHDRAW CONSENT OR DELETE YOUR INFORMATION
If the law applicable to you grants you such rights, you may ask to access, correct, or delete your Personal Information that is stored in our systems or that we otherwise control. You may also ask for our confirmation as to whether or not we process your Personal Information or ask to withdraw any consent you have previously provided to Paint Your Blessings in connection with our use and processing of your Personal Information. Subject to the limitations in law, you may request that we update, correct, or delete inaccurate or outdated information. You may also request that we suspend the use of any Personal Information the accuracy of which you contest while we verify the status of that data.
If you wish to exercise any of these rights or withdraw your consent, please contact us at: firstname.lastname@example.org When handling these requests, we may ask for additional information to confirm your identity and your request. Please note, upon request to delete your Personal Information, we may retain such data in whole or in part to comply with any applicable rule or regulation and/or response or defend against legal proceedings versus us or our affiliates, or as we are otherwise permitted under such law applicable to you. While we strive to honor all reasonable requests, please be aware that we backup the data to prevent accidental or malicious destruction of your information. Information on backup servers may take some time to be completely deleted from the system. If you request that we remove you from our system and delete all your information, please note that you may still receive materials while your request is being processed.
We take reasonable steps to protect the personal data provided to us from unauthorized access, use or disclosure. The safety and security of your information also depends on you. Unfortunately, the transmission of information via the internet and mobile services is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your personal information transmitted through our Website. Any transmission of Personal Information is at your own risk. We are not responsible for any third-party circumvention of any privacy settings or security measures we provide. If you suspect that there has been a breach of the security of your data you should contact us and include details of the nature of the breach, the date of the breach, and the full circumstances of the breach.
COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS
We represent and warrant that we will comply with all applicable laws, rules, regulations, directives and guidelines regarding the collection, use and disclosure of data collected from or about Users or specific devices which apply to the services utilized hereunder (collectively, the “Rules”). The term “Rules” shall include, without limitation, (i) United States Federal Trade Commission Laws regarding the collection, use and disclosure of data from or about users and/or specific devices; (ii) the Children’s Privacy Protection Act of 1998 (COPPA) and (iii) if applicable,
the Rules of any other jurisdiction, including and European Union General Data Protection Regulation (“EU GDPR”), rules, regulations and/or directives promulgated by a pertinent Data Protection Act, and all amendments and updates to them or regulations as replaced or superseded from time to time.
NOTICE CONCERNING CHILDREN
We do not direct our Website directly or indirectly towards children. We do not target the Website towards children, nor do we knowingly collect information about children. If we learn that the information of a child under the age of thirteen (13) is stored within its system, we will promptly delete any information in that Account. If you become aware that a child under the age of 13 has provided us with Personal Information, please notify us immediately and we will terminate the Account and delete such information.
UPDATES TO THIS POLICY
Scholars Market, LLC d/b/a Paint Your Blessings
400 Liberty Ave, Ground Fl.
Brooklyn NY 11207