Source of Application
Information We Collect and How We Use Your Information
There are three general categories of information we collect (1) Information you give us; (2) Information we automatically collect from use of the Site; (3) Information we collect from third parties.
We use your information in several different ways. What we do with your information depends on what we collect.
Information you give us
How we use your information you give to us:
We need your name and contact information to create your account. This information is necessary for the adequate performance of certain services and offerings on the Site, and to fulfill our contract with you when you place an order.
Accept payment, fulfill orders, provide refunds
We need your name and contact details to fulfill our contract with you and deliver your orders, and we use your payment information to process payments and comply with applicable law.
Sending you account information
We need your name and contact details to deliver important account information to you, such as order confirmations and notices, changes to account settings, and notices about the Site, or the terms and policies that apply to them.
To offer an improved user experience
We use your communications and contact history with us, as well as other information such as additional profile information, to operate, protect, improve and optimize the Site and to personalize your experience.
Analytics, training and quality assurance
We may use information you provide to us to train our staff, improve our services and offerings, and perform our services and offerings, and improve other internal analytics and performance monitoring.
Communication, marketing and advertising
We may use information you provide to us to deliver and personalize our communications with you, or to administer referral programs, rewards, surveys, contests or other promotional activities.
Information we automatically collect from your use of the Site or the App Purchase history and saved items (such as what you bought and what you've placed in your cart or saved)
Information we collect from third parties, including third party services (for example if you link, connect, or login to the Site or the App with your Google, Facebook, Instagram or Twitter accounts) or other sources (such as your contacts or brands we partner with)
How we use information from third parties
Registration and profile
We will use information from third party services if you register with us using another service, such as Facebook or Google, including Google’s one-tap login service. Connecting to third-party applications or services is optional. If you create your account by connecting through another service, we will collect public information from that connected account to help complete your profile.
Communication, marketing and advertising
We may use information we collect or receive from third parties to deliver and personalize our communications with you, or to administer referral programs, rewards, surveys, contests or other promotional activities.
We may obtain your information from a friend or other contact who wants to invite you to use the Site. We will use your information to facilitate your invitation and administer our referral program.
When We Share Your Information
We share your information with the following categories of recipients as an essential part of being able to provide the Site, the App, the Service and related services and offerings, including customer service, to you:
Our Security Measures
The security of your information is important to us. We use appropriate technical and organizational safeguards to protect your information from unauthorized use, disclosure, and loss. Encryption technology, including current industry-standard encryption protocols, is used to protect personal information in certain areas of our websites during transmission across the Internet. We use a PCI-compliant payment service provider over a secured network. If you have questions about the security of your information, please contact us here.
We encourage you to take reasonable measures to protect your password and your computer to prevent unauthorized access to your account. Remember to sign out of your account and close your browser window if you are using a shared computer in a public place such as a library or an Internet cafe.
Keeping Your Information
The Site, and Service are not directed to children, and we do not knowingly collect information from children under 13. If you are a parent or guardian and believe that we have information about your child, please contact us here. To learn more about how to protect your child online, visit the FTC’s www.OnGuardOnline.gov.
From time to time, the Sites permit the submission of content, such as comments, blogs and product reviews, generated by you and other users ("User Content"). You are solely responsible for your own User Content and the consequences of posting or publishing it. Any User Content or other material, information or ideas that you submit to or post or publish on the Sites is non-confidential and non-proprietary.
By submitting User Content, you represent and warrant to Paint & Bloom, Inc. that: (i) your User Content does not violate any copyright, trademark, trade secret, patent or other intellectual property right, any right of privacy or publicity of any third party or any applicable law, rule or regulation, (ii) you own or have the legal right to use and authorize Paint & Bloom, Inc. to use your User Content, including written consent to use of any product or the name, voice, likeness or any other applicable personal rights of each identifiable person featured or referenced in your User Content and (iii) your User Content does not violate Paint & Bloom's Acceptable Use Policy set forth below.
Paint & Bloom does not endorse any User Content or any opinion, recommendation, or advice expressed therein. Paint & Bloom reserves the right but is not obligated to monitor User Content or other content sent to or through the Sites. Paint & Bloom has the right to refuse, remove, edit or delete any User Content and/or to terminate any user's access to the Sites for any reason. Paint & Bloom takes no responsibility for User Content.
Social Media Tag Usage BY USING #PAINTANDBLOOM, @PAINTANDBLOOM AND ANY OTHER SIMILAR SOCIAL MEDIA TAG IN ANY WAY RELATED TO ANY OF THE SITES, EACH USER AGREES TO PROVIDE PAINT 7 BLOOM WITH AN UNRESTRICTED, IRREVOCABLE, ROYALTY-FREE, PERPETUAL, FULLY PAID-UP, TRANSFERABLE, WORLDWIDE LICENSE TO USE THE UPLOADED IMAGE(S) IN ANY AND ALL MARKETING MATERIALS, ON SPONSOR’S WEBSITES, AND THROUGH ALL SOCIAL MEDIA CHANNELS. EACH USER REPRESENTS AND WARRANTS THAT UPLOADED IMAGES DO NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, COPYRIGHTS AND TRADEMARK RIGHTS.
Acceptable Use Policy By submitting User Content and otherwise using the Sites, you agree not to: (i) submit any User Content that is protected by or otherwise subject to any third party intellectual property or proprietary rights (including any privacy and publicity rights) unless you own or have permission from the rightful owner of such rights to post such User Content and to grant Paint & Bloom all of the rights granted herein; (ii) upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful or racially, ethnically or otherwise objectionable; (iii) use the Sites to harm any person or entity, including Paint & Bloom; (iv) impersonate any person or entity, including but not limited to, a representative of Paint & Bloom, or falsely state or otherwise misrepresent your affiliation with a person or entity; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to or through the Sites; (vi) upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail or any other form of solicitation; (vii) upload, post, e-mail or otherwise transmit any content that contains computer viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of the Sites or any other computer software or hardware or telecommunications equipment; (viii) intentionally or unintentionally violate any applicable local, state, national or international laws, rules or regulations, including but not limited to those promulgated by the U.S. Federal Trade Commission, U.S. Securities and Exchange Commission; (ix) collect, store or use personal information about other users of the Sites without their consent; (x) use the Sites (including through submission of User Content) to disparage or make unsubstantiated claims about any person, third party or its/their products or services; (y) use any of the Sites in any manner that could overburden or impair any of the Sites or the networks or systems connected to the Sites; and/or (z) use any device, software or instrumentality to interfere with the proper working of the Sites or disobey any requirements, procedures, policies or regulations of networks connected to the Sites. You also agree that you will not violate or attempt to violate the security of the Sites. Violations of system or network security may result in civil or criminal liability. Paint & Bloom reserves the right to investigate occurrences which may involve such violations and may involve and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.
The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Paint & Bloom reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of an order. Prices and availability of products on the Sites are subject to change without notice. Errors will be corrected when discovered and Paint & Bloom reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted). Paint & Bloom reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at Paint & Bloom's sole discretion. Items purchased pursuant to a quantity discount may be re-priced upon cancellation.
Communications with Paint & Bloom
For all communications made to or with Paint & Bloom including but not limited to feedback, questions, comments, suggestions and the like: (i) you will have no right to confidentiality in your communications and Paint & Bloom will have no obligation to protect your communications from disclosure; (ii) Paint & Bloom will be free to reproduce, use, disclose and distribute your communications to others without limitation; and (iii) Paint & Bloom will be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information.
Limitation on Liability
IN NO EVENT WILL PAINT & BLOOM OR ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE OR VIA OTHER CHANNELS, INCLUDING BUT NOT LIMITED TO PHONE AND EMAIL, BE LIABLE TO ANY USER OF THE SITES OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITES OR ANY INFORMATION CONTAINED THEREIN, INCLUDING USER CONTENT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF PAINT & BLOOM HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
You hereby acknowledge that the preceding limitation on liability will apply to all content, merchandise and services available through the Sites or other channels. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions liability is limited to the fullest extent permitted by law. Regardless of the previous paragraphs, if Paint & Bloom is found to be liable, our liability to you or to any third party is limited to the greater of (a) the amount in dispute not to exceed the total amount which you paid to us in the twelve (12) months prior to the action giving rise to the liability or (b) USD $100.
IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU MUST PROVIDE NOTICE TO PAINT & BLOOM PURSUANT TO THE PROCESS REFERENCED BELOW, OF ANY CLAIM WITHIN ONE YEAR OF ITS ACCRUAL OR YOUR CLAIM IS WAIVED AND TIME-BARRED.
Right to Access
YOU MUST BE AT LEAST AGE 13 TO USE THE SITES. By using the Sites, you affirm that you are over age 13. If you are under age 13, you may not access or use the Sites. IF YOU ARE A PARENT OR GUARDIAN THAT PROVIDES CONSENT TO YOUR TEENAGER'S REGISTRATION WITH AND USE OF THE SITES, YOU AGREE TO BE BOUND BY THESE TERMS IN RESPECT OF SUCH TEENAGER'S USE OF THE SITES.
Paint & Bloom periodically schedules system downtime for the Sites for maintenance and other purposes. Unplanned system outages also may occur. You agree that Paint & Bloom has no responsibility and is not liable for: (a) the unavailability of any of the Sites; (b) any loss of data, information or materials caused by such system outages; (c) the resultant delay, mis-delivery or non-delivery of data, information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation any companies or servers hosting any of the Sites, any Internet service providers or otherwise.