Terms & Conditions

Shemzpalette Terms of Service (Legal Terms)

1. AGREEMENT TO OUR LEGAL TERMS

We are Shemzpalette (also referred to herein as “Jessica Anne Davis”), a company located at 1324 DE LA VINA STREET, SANTA BARBARA, CA 93101, UNITED STATES. Our website, shemzpalette.com (the “Site”), and any other related products and services that reference or link to these legal terms (“Legal Terms”) are collectively defined as the “Services”.

You can reach us for correspondence via email at support@shemzpalette.com. These Legal Terms establish a legally binding agreement between you, whether you are acting personally or on behalf of an entity (“you”), and Shemzpalette, concerning your access to and utilization of the Services. By accessing the Services, you confirm that you have read, comprehended, and agree to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND MUST IMMEDIATELY DISCONTINUE USE.

Any supplementary terms, conditions, or documents that may be posted on the Services periodically are expressly incorporated into these terms by reference. We reserve the exclusive right, at our sole discretion, to modify or amend these Legal Terms at any time and for any reason. We will notify you of any changes by updating the “Last updated” date of these Legal Terms, and you waive any right to receive specific, individualized notice of each such change. It remains your responsibility to periodically review these Legal Terms to stay informed of updates.

All users who are considered minors in their jurisdiction of residence (typically under the age of 18) must obtain explicit permission from, and be directly supervised by, their parent or guardian to use the Services.

2. INTELLECTUAL PROPERTY RIGHTS

Our Intellectual Property

We are the exclusive owner or authorized licensee of all intellectual property rights embedded in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics within the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).

The Content and Marks are protected by copyright and trademark laws (along with various other intellectual property rights and unfair competition laws) and international treaties across the globe. The Content and Marks are provided to you through the Services “AS IS” solely for your personal, non-commercial use or internal business purpose only.

Your Use of Our Services

Subject to your strict compliance with these Legal Terms, including the “PROHIBITED ACTIVITIES” section, we grant you a non-exclusive, non-transferable, revocable license to access and use the Services and to download or print a copy of any Content portion to which you have properly gained access, exclusively for your personal, non-commercial use or internal business purpose.

Except as expressly outlined in this section or elsewhere in our Legal Terms, no part of the Services, Content, or Marks may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever without our explicit, prior written permission. If you wish to make any use of the Services, Content, or Marks other than those set out here, please address your request to: support@shemzpalette.com.

Your Submissions and Contributions

By sending us any Submissions, you agree to assign to us all intellectual property rights in such Submission. We shall own this Submission and be entitled to its unrestricted use for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

When you post Contributions, you grant us an unrestricted, worldwide license to use, copy, reproduce, distribute, publish, display, and create derivative works of your Contributions, including your name, image, and any trademarks provided.

You are solely responsible for your Submissions and/or Contributions, and you expressly agree to reimburse us for any losses we may incur due to your breach of these terms or infringement of any third-party rights. We reserve the right, at our discretion, to remove or edit any Contributions if they breach these terms or are deemed harmful.

3. USER REPRESENTATIONS

By utilizing the Services, you represent and warrant that:

(1) All registration information you submit will be true, accurate, current, and complete. (2) You will maintain the accuracy of such information and promptly update your registration information as necessary. (3) You possess the legal capacity and agree to comply with these Legal Terms. (4) You are not a minor in your jurisdiction of residence, or if you are a minor, you have secured parental permission to use the Services. (5) You will not access the Services through automated or non-human means (e.g., bot, script). (6) You will not use the Services for any illegal or unauthorized purpose. (7) Your use of the Services will not violate any applicable law or regulation.

If any information you provide is untrue, inaccurate, not current, or incomplete, we retain the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

4. USER REGISTRATION

You may be required to register to fully utilize the Services. You agree to keep your password confidential and accept responsibility for all use conducted under your account and password. We reserve the right to remove, reclaim, or change any username you select if we determine, at our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. PRODUCTS

We make extensive efforts to display the colors, features, specifications, and details of the products available on the Services as accurately as possible. However, we do not guarantee that the colors, features, specifications, and details will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not perfectly reflect the actual colors and details of the products.

All products are subject to availability, and we cannot guarantee that items will always be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change without prior notice.

6. PURCHASES AND PAYMENT

We accept the following forms of payment:

• Visa
• Mastercard
• Discover
• American Express
• PayPal

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update your account and payment details, including email address, payment method, and payment card expiration date, to ensure we can complete your transactions and contact you as necessary. Sales tax will be added to the purchase price as deemed required by law. We may change prices at any time. All payments shall be processed in US dollars.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if payment has already been requested or received.

We reserve the right to refuse any order placed through the Services. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may apply to orders placed under the same customer account, the same payment method, and/or orders utilizing the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

7. RETURN POLICY

Please ensure you review our Return Policy posted separately on the Services prior to making any purchases.

8. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we explicitly make the Services available. The Services cannot be used in connection with any commercial endeavors except those specifically endorsed or approved by us.

As a user, you expressly agree not to:

• Systematically retrieve data or content to create a collection, database, or directory without our written permission.
• Trick, defraud, or mislead us or other users to obtain sensitive information.
• Circumvent or interfere with security-related features of the Services.
• Disparage, tarnish, or cause harm to us or the Services.
• Use any information obtained from the Services to harass, abuse, or harm others.
• Make improper use of support services or submit false reports of abuse or misconduct.
• Use the Services in violation of any local, state, federal, or international laws or regulations.
• Engage in unauthorized framing of or linking to the Services.
• Upload or transmit viruses, Trojan horses, or excessive spamming content.
• Engage in automated use of the system (e.g., scripts, bots, data mining).
• Delete copyright or proprietary rights notices from any Content.
• Impersonate another user or utilize their username.
• Upload passive or active tracking mechanisms (e.g., clear graphics interchange formats (gifs), cookies, spyware).
• Disrupt or unduly burden the Services or networks connected to the Services.
• Harass or threaten our employees or agents.
• Bypass any measures designed to restrict access to the Services.
• Copy or adapt the Services’ software (including but not limited to Flash, PHP, HTML, JS, etc.).
• Reverse engineer or decompile any part of the Services’ software.
• Use or distribute automated tools (spiders, robots, scrapers).
• Use a buying agent or purchasing agent on the Services.
• Collect usernames/emails or create accounts for the purpose of spamming or fraud.
• Use the Services for any revenue-generating or commercial activity unless authorized.
• Sell or otherwise transfer your user profile without explicit permission.

9. USER-GENERATED CONTRIBUTIONS

The Services may provide areas inviting you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality. They may also provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services (collectively, “Contributions”). Contributions may be viewable by other users of the Services and via third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary.

When you create or make available any Contributions, you represent and warrant that:

• The creation, distribution, and use of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
• You are the creator and owner of, or have the necessary licenses, rights, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions.
• You have the written consent, release, and/or permission of every identifiable individual person in your Contributions.
• Your Contributions are not false, inaccurate, or misleading.
• Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, or spam.
• Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
• Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
• Your Contributions are not used to harass or threaten any other person and to promote violence.
• Your Contributions do not violate any applicable law, regulation, or rule.
• Your Contributions do not violate the privacy or publicity rights of any third party.
• Your Contributions do not include any offensive comments connected to race, national origin, gender, sexual preference, or physical handicap.

Any use of the Services in violation of the foregoing constitutes a breach of these Legal Terms and may result in the termination or suspension of your rights to use the Services.

10. CONTRIBUTION LICENSE

By posting your Contributions to any part of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose.

This license applies to any form, media, or technology now known or hereafter developed. We do not assert any ownership over your Contributions. You retain full ownership. We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions; and (3) to pre-screen or delete any Contributions.

11. GUIDELINES FOR REVIEWS

We may provide you with areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria:

• You should have firsthand experience with the person/entity being reviewed.
• Your reviews should not contain offensive profanity, abusive, racist, offensive, or hateful language.
• Your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability.
• Your reviews should not contain references to illegal activity.
• You should not be affiliated with competitors if posting negative reviews.
• You should not make any conclusions as to the legality of conduct.
• You may not post any false or misleading statements.
• You may not organize a campaign encouraging others to post reviews.

We may accept, reject, or remove reviews in our sole discretion. By posting a review, you grant us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license.

12. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain links to other websites (“Third-Party Websites”) or content belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for them.

If you choose to leave the Services and access Third-Party Websites or install Third-Party Content, you do so at your own risk, and you should be aware that these Legal Terms no longer govern. Any purchases you make through Third-Party Websites will be exclusively between you and the applicable third party, and we take no responsibility whatsoever in relation to such purchases. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites, and you shall hold us blameless from any harm caused.

13. ADVERTISERS

We allow advertisers to display their advertisements in certain areas of the Services. We simply provide the space for such advertisements, and we have no other relationship with the advertisers.

14. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Services for violations; (2) take appropriate legal action against violators; (3) refuse, restrict access to, limit the availability of, or disable any Contributions; (4) remove or disable files and content that are excessive in size or burdensome to our systems; and (5) otherwise manage the Services to protect our rights and property and ensure proper functioning.

15. PRIVACY POLICY

We care deeply about data privacy and security. Please review our Privacy Policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms.

16. TERM AND TERMINATION

These Legal Terms remain in effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR FOR NO REASON, including without limitation for breach of any term or applicable law. We may terminate your use or delete your account and content at any time.

If we terminate or suspend your account, you are prohibited from registering a new account under your name, a fake name, or the name of any third party. We reserve the right to pursue appropriate legal action.

17. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time without notice. We also reserve the right to modify or discontinue all or part of the Services without notice. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime.

18. GOVERNING LAW

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Colorado applicable to agreements made and to be entirely performed within the State of Colorado, without regard to its conflict of law principles.

19. DISPUTE RESOLUTION

Informal Negotiations

The Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration.

Binding Arbitration

If the Dispute cannot be resolved informally, it will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. Arbitration shall be conducted under the Commercial Arbitration Rules of the American Arbitration Association (AAA) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes. The arbitration will generally take place in Colorado.

Restrictions

Any arbitration shall be limited to the individual Dispute between the Parties. No class actions or representative claims are allowed.

Exceptions

The following Disputes are not subject to informal negotiation or binding arbitration: Disputes seeking to enforce or protect intellectual property rights; Disputes involving allegations of theft, piracy, or privacy violations; and Claims for injunctive relief. These will be handled by courts in Colorado, and Parties consent to the personal jurisdiction of those courts.

20. CORRECTIONS

We reserve the right to correct any typographical errors, inaccuracies, or omissions in the Services, including descriptions, pricing, and availability, at any time without prior notice.

21. DISCLAIMER

The Services are provided on an “AS-IS” and “AS-AVAILABLE” basis. You agree that your use of the Services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We make no warranties or representations about the accuracy or completeness of the Services’ content. We will assume no liability or responsibility for any: (1) Errors or inaccuracies of content; (2) Personal injury or property damage resulting from your use of the Services; (3) Unauthorized access to our servers; (4) Interruption or cessation of transmission; (5) Bugs, viruses, or Trojan horses transmitted by any third party; or (6) Errors or omissions in content.

We do not warrant or endorse any product or service offered by a third party through the Services, and we are not responsible for any transactions between you and third-party providers.

22. LIMITATIONS OF LIABILITY

In no event will we or our directors, employees, or agents be liable for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, revenue, or data. Our total liability to you for any cause will always be limited to the amount paid by you to us in the six (6) months before the cause arose.

23. INDEMNIFICATION

You agree to defend, indemnify, and hold us (including subsidiaries, affiliates, officers, partners, and employees) harmless from any loss, damage, or expense arising out of: Your Contributions; Your use of the Services; Your breach of these Legal Terms; Your violation of the rights of any third party; and Any harmful act toward another user.

24. USER DATA

We may maintain data you transmit to the Services for performance management. While we back up data, you are responsible for all information you send or generate. We are not liable for any loss or corruption of such data.

25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

By using our Services, you consent to receive electronic communications. You agree that all agreements and notices we send via email or through the Services satisfy any legal requirement that they be in writing. You agree to the use of electronic signatures and waive any rights requiring non-electronic methods.

26. CALIFORNIA USERS AND RESIDENTS

If a complaint is not resolved, California users may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at: 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 (Phone: (800) 952-5210 or (916) 445-1254).

27. MISCELLANEOUS

These Legal Terms, along with any posted policies, constitute the full agreement between you and us. Our failure to enforce any provision is not a waiver of our rights. We may assign our rights and responsibilities to others. If any provision is deemed unlawful or unenforceable, it will not affect other provisions. No agency, employment, or partnership relationship exists between you and us. You waive all defenses based on the electronic format of these Terms.