Privacy Policy for Broken Palette LLC

Broken Palette LLC takes the security of our customer’s information seriously. As such we have outlined our privacy and information usage policy below. This policy governs how Broken Palette LLC collects, stores, uses and manages all personal information provided to us by our customers. This policy is subject to revisions from time to time as necessary due to changes in business processes or as required by law. Please refer back to this page periodically to see the latest policy information.

Use of Personal Information:

Broken Palette LLC is not in the business of renting or selling customer information. Collection and usage of customer personal information is solely for the purpose of Broken Palette LLC, its dealers, third party providers, financial institutions, etc. providing you with the services you have signed up for. Additionally, Broken Palette LLC may provide this information to law enforcement, Federal and/or State governmental bodies, courts or other legal entities as required by law, court order, subpoenas or other legal processes. Broken Palette LLC may also use or disclose customer information as necessary to establish or defend our legal rights.

Collection of Personal Information:

Customer information for the purposes of this policy is any information provided by a customer through use of our website, via phone, email, dealer, and registration process or web browser. This information can include but is not limited to: name, address, phone number, credit card data, email address, tax id or social security number, IP address, browser type and pages visited. Broken Palette LLC will use reasonable means to safe guard this information in the same manner in which it safe guards its own proprietary and confidential information.

Miscellaneous:

Under certain circumstances your information could be transferred as part of a sale or merger of Broken Palette LLC with another business entity or under various financial circumstances including but not limited to: bankruptcy, financing, insolvency, etc.

Keep in mind that protection of your personal information is also dependant on you taking care to protect such information. Keep all passwords, login information and other sensitive data private. Broken Palette LLC is not liable for the misuse of your information as a result of negligence on the part of you or others who have access to your password, login or computer.

Access to your personal information by Broken Palette LLC employees is strictly limited on a need to know basis in order for our employees to provide you with the services and account management necessary to support your subscription or purchase.

If you have any questions or concerns regarding this policy or the use of any information then please direct your questions to Broken Palette LLC either via email at: info@brokenpalette.com.

All other usage of customer information will be in accordance with and as outlined in the Terms of Use policy. In the event that there is a conflict between this privacy policy and the Terms of Use policy, the later will govern and apply.

We take your privacy seriously. If you feel that there are steps we should be taking that are not outlined in this policy feel free to contact us at the email or mail address listed above.

Terms of Use

Terms and Conditions:

Broken Palette LLC has posted these Terms and Conditions for your benefit. These Terms and Conditions (“Terms”) govern the use of this website as well as the relationship between Broken Palette LLC (“Broken Palette” or “Us”) and its customers (“you”). These Terms are binding on you and your use of the website and/or purchase of goods/services constitutes acceptance of these terms. Broken Palette is solely a way for artists and art buyers to connect, and for this service Broken Palette collects commission. If you do not accept these terms you must immediately leave this website or cancel your purchase of goods and/or services per the paragraph titled “Cancellation”. Broken Palette reserves the right to change, modify, update or revise these terms from time to time with our without notice to you. Please refer back to this page periodically to ensure you are up to date on the most current terms.

Third Party Terms:

The use of Broken Palette website as well as any products or services may include the use of or access to third party services, data, websites, tools, products, etc (“third party offerings”). The use of those third party offerings is governed by the terms of those providers in addition to the terms of Broken Palette unless otherwise noted. Those third party terms where applicable are included in this agreement by reference.

Payment:

For Subscription/Ongoing Services: By signing up for ongoing service(s) offered by Broken Palette, you agree for Broken Palette to collect commission on purchases made from the website. You agree for Broken Palette to collect all commission charges in full whether incurred by you, your spouse, family members, employees or anyone else who has access to your account. You agree to provide Broken Palette with a valid Paypal account for purchases, transactions, and identification purposes.

Lawful Use:

You may not use the service(s) and/or product(s) for any illegal, unauthorized, unintended, unsafe, hazardous or unlawful purpose or in any manner inconsistent with these Terms. You agree to use the service(s) and/or product(s) solely for your own business or personal use, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity unless agreed to in writing by an authorized representative of Broken Palette.

Additionally, the content, logos and other information provided on our website is copyrighted material. As such, it may be viewed, copied, printed or otherwise used only for personal, non-commercial purposes. You may not use, modify, edit, copy, print, display, reproduce, alter, distribute or publish any information or content from this site without express written permission of Broken Palette.

Account Information:

To use the website or make purchases from Broken Palette, you agree to: (a) provide true, accurate, current and complete information about yourself when registering to use the site or make purchases. (b) maintain and promptly update your account information to keep it true, accurate, current and complete. This information, as well as certain other payment and personal information provided by you, is subject to Broken Palette Privacy Policy. By continuing to use the site or by making a purchase, you agree to the terms of such Privacy Policy.

If Broken Palette LLC suspects or has proof that your information is untrue, inaccurate, not current or incomplete, then Broken Palette LLC reserves the right to suspend or terminate your account and refuse any and all use of the site as well as cancel any purchases both now and in the future.

Cancellation:

Our Right to Cancel:
Broken Palette reserves the right to cancel your web account, subscription, and/or ongoing service(s), at any time, for any or no reason and without notice and assumes no liability to you upon such cancellation.

To Cancel Services:
You may cancel service(s) of Broken Palette’s website by contacting Broken Palette and requesting that your account to be deleted.

Disclaimers:

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Broken Palette, ITS LICENSORS AND SUPPLIERS, OR AGENTS OR EMPLOYEES OF ANY OF THE FOREGOING, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON THE INFORMATION PROVIDED BY THE WEBSITE, CONTENT, SERVICE(S), PRODUCTS AND/OR THE SOFTWARE. THE ENTIRE RISK ARISING FROM YOUR USE OF OR YOUR RELIANCE ON THE WEBSITE, CONTENT, SERVICE(S), PRODUCT(S), SOFTWARE REMAINS WITH YOU.

EXCEPT FOR ANY OTHER WRITTEN WARRANTY THAT MAY BE PROVIDED BY Broken Palette. THE WEBSITE, CONTENT, SERVICE(S), PRODUCT(S) AND/OR SOFTWARE ARE PROVIDED TO YOU "AS IS." Broken Palette AND ITS LICENSORS AND SUPPLIERS (AND THEIR LICENSORS AND SUPPLIERS) MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, CONTENT, QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS, EFFECTIVENESS, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, USE OR RESULTS TO BE OBTAINED FROM THE WEBSITE, CONTENT, SERVICE(S), PRODUCT(S) AND/OR SOFTWARE, OR THAT USE OF THE WEBSITE, CONTENT, SERVICE(S), PRODUCT(S) AND/OR SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. Temporary interruptions of the website and/or service(s) may occur from time to time. Broken Palette, while exercising reasonable efforts to prevent such occurrences will in no event be liable for any financial or other damages due to such interruptions. Some States do not allow certain warranty exclusions, so to that extent the above exclusions may not apply.

Limitation of Liability:

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Broken Palette AND ITS LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS) SHALL NOT BE LIABLE TO YOU IN RESPECT OF ANY CLAIM, DEMAND OR ACTION, IRRESPECTIVE OF THE NATURE OF THE CAUSE OF THE CLAIM, DEMAND OR ACTION, ALLEGING ANY LOSS, INJURY OR DAMAGES, DIRECT OR INDIRECT, WHICH MAY RESULT FROM THE USE OF THE WEBSITE, CONTENT, SERVICE(S), PRODUCT(S) OR SOFTWARE; OR FOR ANY LOSS OF PROFIT, REVENUE, CONTRACTS OR SAVINGS, OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE WEBSITE, CONTENT, SERVICE(S), PRODUCT(S) OR SOFTWARE, ANY DEFECT IN THE WEBSITE, CONTENT, SERVICE(S), PRODUCT(S) OR SOFTWARE, OR THE BREACH OF THESE TERMS OF USE, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, EVEN IF Broken Palette OR ITS LICENSORS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some States do not allow certain liability exclusions or damages limitations, so to that extent the above may not apply.

Indemnification:

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold Broken Palette and its licensors (including their respective licensors, suppliers, assignees, subsidiaries, affiliated companies, and the respective officers, directors, employees, shareholders, agents and representatives of each of them) free and harmless from and against any liability, loss, injury (including injuries resulting in death), demand, action, cost, expense, or claim of any kind or character, including but not limited to attorney's fees, expert witness fees, etc. arising out of or in connection with your use of the website, service(s), product(s), and/or software or use or possession by you of the third party offerings.

Assignment:

We may assign all or part of our rights or duties under the Agreement with or without notice to you and such assignment will not be considered a change to the Agreement, except to the extent provided by law. We are then released from all liability in regard to the agreement. You may not assign the Agreement without prior written consent of Broken Palette. Subject to these restrictions, the Agreement will bind the heirs, successors, subcontractors, and assigns of the respective parties, who will receive its benefits.

Severability and Survivability:

Each section of these terms is considered individual and independent of the others. To the extent that any such section is held invalid or unenforceable then (a) the ruling authority should construe that section to reflect the intentions of parties with regard to that section. (b) the remainder of the sections will continue in full force and effect.

Our ability to collect unpaid amounts and to pursue collections actions in a court of appropriate jurisdiction shall survive the cancellation or termination of this agreement.

Ability to Enter Contracts:

By agreeing to the terms you represent that you are of legal age to enter an agreement in the United States and that you have the legal capacity to be bound by this agreement. If you are agreeing to these terms on behalf of a company then you represent that you have the legal right to obligate the company and all employee users to the terms of this agreement. Furthermore, you agree to be personally liable for all accounts and amounts due under this agreement if it should be determined that you do not have the right to enter into this agreement on behalf of the company you represent.

Additional Terms:

This agreement is subject to the laws of the State of Ohio and specifically excludes the UN Convention on Contracts and/or any foreign law.

If we do not enforce our rights under any section of this agreement it does not constitute a waiver of those rights. Broken Palette may choose to enforce those rights at a later time as it determines.