Terms of Use

Updated: October 8, 2018

 

These Terms of Use govern your use of the Palm to Pine Design website and the services provided through the Palm to Pine Design website. Your acceptance of these Terms of Use, as modified from time to time, creates a binding legal contract.

PLEASE READ THESE TERMS OF USE BEFORE USING THIS WEBSITE.

By continuing to access or use this website, or any service on this website, you signify YOUR ACCEPTANCE OF THESE TERMS OF USE. Palm to Pine Design reserves the right to amend, remove, or add to these terms and conditions at any time without notice. Such modifications shall be effective immediately. Accordingly, please continue to review these terms and conditions of service whenever accessing or using this website.

If, at any time, you do not wish to accept the terms and conditions of service, you may not use the website. Any terms and conditions proposed by you which are in addition to or which conflict with these terms and conditions of service are expressly rejected by Palm to Pine Design and shall be of no force or effect. If you have any questions regarding the Terms of Use, please email me

Artwork and Photograph Copyrights

It is illegal to reproduce or distribute copyrighted material without the permission of the copyright owner. The copyright owner of artwork or photographs in most cases is the artist or photographer. By sending artwork or photos to Palm to Pine Design, you grant us a limited, royalty-free and non-exclusive license to use, adapt, transmit, transfer, store, reproduce, distribute, prepare derivative works of and display the content in connection with our products, services and website. Content may be used for but limited to the following: samples, website imagery, promotional materials and displays in retail stores and trade shows.

You represent and warrant to us that you have all right, title and interest in and to all copyrights in the artwork and photos, or the express permission to copy and use such works for all purposes related to Palm to Pine Design and that the works do not violate or infringe upon the rights (including privacy, moral or publicity rights) of others.

You agree to indemnify us and hold us (and our agencies and fulfillers) harmless from and against any and all losses, damages, costs or expenses, including reasonable attorneys fees, arising out of your breach of the foregoing representation and warranty or arising out of any claim by a third party that the artwork or photo (or the use thereof) constitutes an infringement or other violation of such third party’s copyright, intellectual property rights or other rights. Your obligation to indemnify and hold us harmless shall survive any expiration and termination of these Terms of Use.

Artwork and Photograph Content

You may not send to Palm to Pine Design any photos, artwork or text that contain material that is unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane or offensive in the sole discretion of Palm to Pine Design management. The content of the artwork, photos and text you submit is governed by applicable laws (including laws which prohibit copyright infringement, obscenity, pornography, child pornography, or child abuse). We have no obligation or intent to monitor such content. However, we and our agencies and fulfillers reserve the right at all times to review artwork, photos and text, to disclose such content as necessary to satisfy any laws, regulations or government requests and to report any potential violations of law to law enforcement authorities, to refuse to post or transmit such content, to remove the content, and to refuse to perform any orders involving content that is objectionable in our sole judgment and discretion.

 

Malicious Activity

You may not upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software. Palm to Pine Design will take action to the fullest extent of the law, and will disclose such actions and content to the relevant government authorities to satisfy any law, regulation or government request.

Trademark and Copyright

Palm to Pine Design and all related graphics, logos and service names are trademarks of Palm to Pine Design. All other trademarks that appear on the Palm to Pine Design website are the property of their respective owners. You are not entitled to use any trademark in connection with any product or service without the express permission of the owner of that trademark under the law. The Palm to Pine Design website, including but not limited to text, content, photographs, video, audio and graphics, is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of the U.S. and other countries. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained on the Palm to Pine Design website. You are not entitled to duplicate, create derivative works of, distribute, display or perform any content without the express permission of the owner of that content. We respect the copyrights of others; as such, if you believe your copyright has been violated on the Palm to Pine Design website, please email us.

 

License

You acquire absolutely no rights or licenses in or to the Palm to Pine Design website and materials contained within the Palm to Pine Design website other than the limited right to utilize our services in accordance with the Terms of Use. Should you choose to download content from the Palm to Pine Design website, you must do so in accordance with the Terms of Use. Such download is licensed to you by Palm to Pine Design for your own personal, noncommercial use in accordance with the Terms of Use and does not transfer any other rights to you.

 

Rights Reserved

All present and future rights to trade secrets, patents, copyrights, trademarks, service marks, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights to all applications and registrations relating to the Palm to Pine Design website (the "Intellectual Property Rights") shall, as between you and Palm to Pine Design, at all times be and remain the sole and exclusive property of Palm to Pine Design. All present and future rights to the Palm to Pine Design website (including the right to exploit the website and any portions of the website over any present or future technology) are reserved to Palm to Pine Design for its exclusive use. Except as specifically permitted by the Terms of Use, you may not copy or make any use of the website or any portion thereof. Except as specifically permitted herein, you shall not use Palm to Pine Design' Intellectual Property Rights or the website for any purpose, without Palm to Pine Design' prior written approval.

Restrictions on Use

You may not use the website for any illegal purpose or in any manner inconsistent with these Terms of Use. You agree to use the website solely for your own noncommercial use and benefit, and not for resale, transfer or use for the benefit of any other person or entity. You agree not to use, transfer, distribute and dispose of any information contained in the website in any manner that could compete with the business of Palm to Pine Design You acknowledge that the website has been developed, compiled, prepared, revised, selected and arranged by Palm to Pine Design through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and trade secrets of Palm to Pine Design. You agree to protect the proprietary rights of Palm to Pine Design and all others having rights in the website during and after the term of this agreement and to comply with all reasonable written requests made by Palm to Pine Design to protect its contractual, statutory and common law rights in the website. You agree to notify Palm to Pine Design in writing promptly upon becoming aware of any unauthorized access or use of the website by any part or of any claims that the website infringes upon any copyrights, trademark or other contractual, statutory or common law rights.

Disclaimer of Warranty and Limitations of Liability

The Palm to Pine Design Website and all products and services provided through in compliance with the Return Policy. Any additional express, implied or statutory warranties, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement are expressly disclaimed.

To the fullest extent permitted by law, Palm to Pine Design disclaims any warranties for the security, reliability, timeliness and performance of the Palm to Pine Design website. Palm to Pine Design further disclaims to the fullest extent permitted by law any warranties for any information or advertisement obtained through the Palm to Pine Design website, Facebook page, Instagram, Pinterest or any other partner page.

You, the user, understand and agree that the submission of any artwork, photograph, or content to Palm to Pine Design is done at your own discretion and risk and that you will be solely responsible for any loss or damage to your files, computer system or data may result in the transfer of any content or material.

Except as expressly provided in the preceding paragraphs, to the fullest extent allowed by law, Palm to Pine Design shall not be liable for any direct, indirect, incidental, consequential, special, exemplary and punitive damages, even if Palm to Pine Design has been advised of the possibility of such damages. The foregoing disclaimers, waivers and limitations shall apply notwithstanding any failure or essential purpose of any limited remedy.

Indemnification

By using the Palm to Pine Design website, you agree to indemnify and hold harmless Palm to Pine Design and its parents, subsidiaries, affiliates, officers, consultants and employees from any and all claims and expenses, including attorneys fees, arising from your use of Palm to Pine Design’s services.

Termination of Membership

Palm to Pine Design may terminate its service to you through the Palm to Pine Design website at any time, without notice, for any conduct in violation of this Terms of Use or any other policies or guidelines set forth on the Palm to Pine Design website. Palm to Pine Design reserves the right to take all appropriate measures to enforce Palm to Pine Design’ policies.

GDPR

In compliance with the requirements of GDPR (General Data Protection Regulation), we allow customers to:

  • Manage their personal data

  • Request we cease processing their personal data

  • Request access to any of their personal data for whatever use they see fit

  • Request we remove their personal data entirely

Customers and site visitors interested in any of the above should email me and we will be happy to assist.

Miscellaneous

Email Newsletters

On the Website, you may subscribe to our newsletter, which may be used for advertising purposes. All emails sent may contain tracking pixels. The pixel is embedded in emails and allows an analysis of the success of online marketing campaigns. Because of these tracking pixels, we may see if and when you open an email and which links within the email you click. Also, this allows the Website to adapt the content of future newsletters to the interests of the user. This behavior will not be passed on to third parties. You may unsubscribe from this newsletter at anytime.

What Personally Identifiable Information is collected?

We may collect basic user profile information from all of our Visitors. For example, you may voluntarily submit information by joining our newsletter, submitting a contact form with a question, or leaving a comment on the blog.  We collect the following additional information from our Authorized Customers: the names, addresses, phone numbers and email addresses of Authorized Customers, the nature and size of the business, and the nature and size of the advertising inventory that the Authorized Customer intends to purchase or sell. This site also uses cookies and the Facebook Pixel.

For purposes of these Terms, "you" and "your" shall mean you and "we," "us" and "our" means Palm to Pine Design. These Terms of Use constitute the entire agreement between you and Palm to Pine Design with respect to the use of the Palm to Pine Design website. Our failure to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision or of any other rights or provisions in these Terms of Use. If a court should find that one or more rights or provisions set forth in these Terms of Use are invalid, you agree that the remainder of the Terms of Use shall be enforceable and that the invalid provision shall be enforceable to the fullest extent permitted by law. Palm to Pine Design reserves the right to change these Terms of Use at any time without notice.

PRIVACY & SAFETY

I’m a privacy & safety policy section. I’m a great place to inform your customers about how you use, store, and protect their personal information. Add details such as how you use third-party banking to verify payment, the way you collect data or when will you contact users after their purchase was completed successfully.

 

Your user’s privacy is of the highest importance to your business, so take the time to write an accurate and detailed policy. Use straightforward language to gain their trust and make sure they keep coming back to your site!

WHOLESALE INQUIRIES
 

I’m a wholesale inquiries section. I’m a great place to inform other retailers about how they can sell your stunning products. Use plain language and give as much information as possible in order to promote your business and take it to the next level!

 

I'm the second paragraph in your wholesale inquiries section. Click here to add your own text and edit me. It’s easy. Just click “Edit Text” or double click me to add details about your policy and make changes to the font. I’m a great place for you to tell a story and let your users know a little more about you

PAYMENT METHODS

- Credit / Debit Cards
- PAYPAL

- Offline Payments