PALETTE

GIVE YOUR BODY THE WHOLE

Exclusively On
TikTok Shop

THE
REAL
REAL

Introducing, change! You’ve taken the first step toward a better-feeling, thriving lifestyle—and we’re here to help make it purposeful and enjoyable. At Palette, we craft delicious supplements, vitamins, and wellness tools that work as hard as you do, helping you reach your optimal self. Because every step toward wellness should feel as good as it looks!

DO

RIGHT

BY

YOUR

BODY

Inside

Try our different varieties today!

Shop smarter, live better! Visit our TikTok Shop to try our variety of daily-use & purpose driven supplements, and subscribe to our newsletter for early access to new products and exclusive coupons.

Contact: [email protected] | (943) 300-9530‬

These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure or prevent any disease. The views and nutritional advice expressed by Palette and Love Language Entertainment, LLC. are not intended to be a substitute for conventional medical service. Individual results may vary.

Copyright © 2024 Palette, a Love Language Entertainment, LLC product. All Rights Reserved

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Privacy Policy
Last Updated:12/10/2024
Your privacy is very important to us. This Privacy Policy describes how Palette, a Love Language Entertainment LLC product (“Palette,” “we”, “us” or “our”) collects, uses, communicates, discloses, and otherwise manages the personal information you provide to us by engaging our services on our websites, social media, email exchanges, mobile apps, and other online services on which this Policy is posted (collectively the “Service”).
This Policy is written in the English language. We do not guarantee the accuracy of any translated versions of this Policy. To the extent that any translated versions of this Policy conflict with the English language version, the English language version of this Policy shall control.
Collection of Personal Information
Information you provide to us – Palette will collect personal information from you directly when you interact with our Service, contact us, use our services, create an account, subscribe, share product reviews, sign up to receive offers, emails, or text messages from us, complete surveys, participate in our referral or affiliate programs, enter sweepstakes, or purchase our products.
Information we obtain indirectly -We may receive personal information about you from our third-party affiliates or partners and from marketing companies that provide us with such information as a part of their relationship with us. We may also obtain your name and email address from friends and family as part of our referral program.
We may combine this with data that we already have collected about you. Such collected data could include contact details (such as email address) and previous purchase history or interests.
Information collected automatically
When you use our Service we collect certain information about you automatically through our use of cookies and similar technologies.
Categories of Personal Information and Purpose for Collection
We collect personal information from you to provide an efficient, meaningful and customized experience for you on the Service.
We may collect the following personal information from you:
Contact Information such as name, email address, mailing address and phone number;
Billing Information such as credit card number and billing address;
Authentication Information such as user name, account number and password that you use to register an account on the Service;
Preferences Information such as product wish lists, order history, marketing preferences, and reminder and notification preferences;
Personal Characteristics including age, date of birth, gender, marital status, nationality, and weight through surveys and other means;
Online behavior information including online activity, preferences, and time spent viewing features; and
IP address or mobile network information.

We use third party processors to collect payment information, such as a valid credit card number, type, expiration date or other financial information, to process payments for customer transactions. This information is required to be submitted as part of our checkout process. The use and storage of that information is governed by TikTok’s Terms of Service and Privacy Statement.
Palette may also collect certain information about your health or medical condition or diagnosis when you provide such information to us directly in communications with us, through your review of our products, or in response to surveys. We seek to limit any health or medical information that we collect and only collect and use such information for our internal purposes in tracking the reported efficacy and use of our products or when publishing your reviews.
We do not collect or process your health or personal information with the purpose of inferring characteristics about you.
The sensitive personal information we collect is limited to information about your health or medical condition or diagnosis that you provide to us directly. Beyond this, Palette does not collect sensitive personal information such as your social security, driver’s license, state identification card, or passport number; your account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account; your precise geolocation; your racial or ethnic origin, religious or philosophical beliefs or associations, political opinions or membership, or union membership; the contents of your mail, email and text messages, unless we are the intended recipient of the communication; your genetic or biometric data; your mental or physical health or medical condition or diagnosis; your sex life or sexual orientation or practices; your criminal background; your citizenship or citizenship status; or any personal information about a known child. We ask that you not send nor disclose, any sensitive personal information to us.
Palette only collects and processes the minimum amount of personal information from you that is necessary to the purposes of our information processing activities and retains such information only if required to fulfill such purposes including to:
Conduct our business
Fulfill your order
Send you an order confirmation
Process payment
Ship orders
Recommend products you may be interested in purchasing
Send you requested product or service information
Send you reminders about the recommended schedule for the product you have ordered or to order more if you’re running low
Send you recommendations for improving your experience
Send product updates or warranty information
Update your order or profile in response to your questions or concerns
Respond to customer service requests and communications
Administer your account, including login verification
Send you a newsletter
Send you marketing communications, including through our referral program
Respond to your questions and concerns
Improve and maintain our Service and marketing efforts
Conduct market research and analysis
Display content based upon your interests
Provide relevant social media advertising, including limiting such advertising
Quality management
Legal compliance
In some circumstances we may collect aggregated data or anonymize your personal information (so that it can no longer be associated with you and you can no longer be identified by it) for research or statistical purpose. Aggregated or anonymized information is not considered personal information under this Policy.
Disclosure of Personal Information
We will share or disclose your personal information with third parties only in the limited ways that are described in this privacy policy. We do not trade, rent, or sell your personal information to third parties or share your personal information with third parties for cross-context behavioral advertising. We do not authorize the collection of our members’ or visitors’ personally identifiable information by any third parties for the third parties’ use.
We may provide your personal information to companies that provide services to help us with our business activities such as the technical operation of our Service, processing your order, shipping your order, or providing customer service, analytics or financial services. These companies are authorized to use your personal information only as necessary to provide these services to us.
We may also disclose your personal information:
As required or permitted by law such as to comply with a subpoena or similar legal process or to verify or enforce our agreements, terms of service, or other applicable policies;
When we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud or respond to a government request; or
To any other third party with your prior consent to do so. You may be asked to opt-in to receive informational or marketing offers, or to otherwise consent to the sharing of your information with a third party, including social networking sites such as TikTok, Facebook, Instagram, or Twitter (X). If you agree to have your personal information shared with a third party, your personal information will be disclosed to the third party and will be subject to the privacy policy and business practices of that third party.
We may share non-personal information (such as the number of daily visitors to a particular web page or the size of an order placed on a certain date) with third parties such as advertising partners. This information does not directly personally identify you or any user.
SMS/MMS Mobile Messaging Marketing Program
If you opt-in to Palette’s Mobile Messaging Program, as defined in our Terms of Service, we will only use information you provide through the Program to transmit your mobile messages and respond to you, if necessary. This includes, but is not limited to, sharing information with platform providers, phone companies, and other vendors third-party service providers. who assist us in the delivery of mobile messages. When you sign up to receive text messages, we will send you information about promotional offers and more. These messages may use information automatically collected based on your actions while on our sites and may prompt messaging such as cart abandon messages. To the extent you voluntarily opt to have SMS/MMS notifications sent directly to your mobile phone, we receive and store the information you provide, including your telephone number and when you read a text message. You may opt out of receiving text messages at any time by texting “STOP” to our text messages. For more information about text messages, see our Terms.
WE DO NOT SELL, RENT, LOAN, TRADE, LEASE, OR OTHERWISE TRANSFER FOR PROFIT ANY PHONE NUMBERS OR CUSTOMER INFORMATION COLLECTED THROUGH THE PROGRAM TO ANY THIRD PARTY. However, as with all information collected by Palette, we reserve the right at all times, to the extent permitted by law, to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect our rights or property. When you complete forms online or otherwise provide information in connection with the Program, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If, in Palette’s sole discretion, we believe that any such information is untrue, inaccurate, or incomplete, or you have opted into the Program for an ulterior purpose, we may refuse you access to the Program and pursue any appropriate legal remedies.
California Civil Code Section 1798.83 permits Users of the Program that are California residents to request certain information regarding our disclosure of the information you provide through the Program to third parties for their direct marketing purposes. To make such a request, please contact us at [email protected].
Third Party Websites
Our Service may contain links to third party owned or operated websites including, without limitation, social media websites (each a “Linked Site”), as a convenient method of accessing information that may be useful or of interest to you. When you click on a Linked Site, you will leave our Service and go to another site, and another entity may collect personal data or anonymous data from you. We have no control over, do not review, and cannot be responsible for, Linked Sites or their content. Please be aware that the terms of this Privacy Policy do not apply to Linked Sites or content, or to any collection of your personal information by third parties through the Linked Sites. We encourage you to read the privacy policies of every website you visit. The links to third party websites or locations are for your convenience and do not signify our endorsement of such third parties or their products, content or websites.
We are not responsible for the content, accuracy, or opinions expressed on any Linked Site or for the privacy practices or security standards used by third parties on such Linked Sites. You understand and agree that by clicking on a link to a Linked Site, you have left our Service and this Policy is no longer in effect.
User Content
Some features of the Service may now or in the future allow you to provide content, such as written comments or reviews, or interactive responses to content such as quizzes or surveys, to be published or displayed on public areas of the Service (“User Content”). Be careful about giving out information in public areas of the Service. The information you share in public areas may be viewed by any user of the Service. We cannot control the actions of other users of the Service with whom you may choose to share your User Content.
Opting-Out of Emails
When you register, subscribe, create an account, sign up to receive offers or emails from us, or otherwise communicate with us through our Service, you may “opt out” of receiving future communications from us for direct marketing purposes by indicating that you decline such communications. You may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails or contacting us at [email protected].
Do Not Track Signals, Cookies, and Other Technologies
We may use cookies, web beacons, pixel tags, mobile analytics software, log files, or other technologies to collect certain information about your online activity and interactions with our emails, online and mobile advertisements, and to allow us to keep track of analytics and certain statistical information that enables Palette to improve our services and provide you with more relevant content and advertising offered by Palette, or through or linked from our services. You may, however, disallow receiving cookies at any time through your web browser. It is not our intention to use cookies to retrieve information that is unrelated to our Service or your interaction with our Service.
We may use cookies to help keep track of items you put into your shopping cart including when you have abandoned your cart and this information is used to determine when to send cart reminder messages via SMS.
At this time, we do not respond to browser “do not track” or “DNT” signals.
Children’s Privacy
The Service is not targeted for use by children. Palette will never knowingly request or collect personal information from any child. If you are under eighteen years old, please do not provide your information on our Service. Upon notification that a child has provided us with personally identifiable information, we will delete the child’s personally identifiable information from our records. If you believe we might have any information from a child, please contact us.
Special Notice to California Residents
If you would like to submit a Consumer Request, you can contact Palette at [email protected]. If you choose to submit a Consumer Request, you must provide us with enough information to identify you and enough specificity on the requested data. Palette will only use the information it receives to respond to your request. Palette will not be able to disclose information if it cannot verify that the person making the Consumer Request is the person about whom we collected information, or someone authorized to act on such person’s behalf.
“Personal information” means information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. “Personal information” does not include publicly available information.
Request to Correct. You may correct or update your personal information at any time by logging into your account or by contacting us.
Request to Access. You may submit a Consumer Request to obtain a copy of or access to the personal information that Palette has collected on you.
Request to Know. You may submit a Consumer Request to receive information about Palette’s data collection practices.
Right to Know what Personal Information is being Collected. You may request information on the categories of personal information Palette has collected about you; the categories of sources from which the personal information is collected; Palette’s business or commercial purpose for collecting, selling, or sharing personal information; the categories of third parties to whom Palette discloses personal information, if any; and the specific pieces of personal information it has collected about you.
Right to Know what Personal Information is Sold or Shared and to Whom. You may also request the categories of personal information that Palette has collected about you; the categories of personal information that Palette sold or shared about you and the categories of third parties to whom the personal information was sold or shared, by category or categories of personal information for each category of third parties to whom the personal information was sold or shared, and the categories of personal information that Palette disclosed about you for a business purpose and the categories of persons to whom it was disclosed for a business purpose.
Please note that the categories of personal information, sources, and disclosure will not exceed what is contained in this Policy. Additionally, Palette is not required to retain any information about you if it is only used for a one-time transaction and would not be maintained in the ordinary course of business. Palette is also not required to reidentify personal information if it is not stored in that manner already, nor is it required to provide the personal information to you more than twice in a twelve-month period.
Request to Limit the Use of Your Sensitive Personal Information. We only collect, use, or disclose sensitive personal information for the purposes provided in this Policy. However, you may request that we limit the use of your sensitive personal information by contacting us.
Request to Delete. You may request that Palette delete personal information it has collected from you. Subject to certain exceptions set out below we will, on receipt of a verifiable Consumer Request, delete your personal information from our records, direct any service providers to do the same, and notify all third parties to whom Palette has shared your personal information to delete it unless this proves impossible or involves disproportionate effort.
Please note that we may not delete your personal information if it is necessary to:
Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by the consumer, or reasonably anticipated by the consumer within the context of a business’ ongoing business relationship with the consumer, or otherwise perform a contract between the business and the consumer.
Help to ensure security and integrity to the extent the use of the consumer’s personal information is reasonably necessary and proportionate for those purposes.
Debug to identify and repair errors that impair existing intended functionality.
Exercise free speech, ensure the right of another consumer to exercise that consumer’s right of free speech, or exercise another right provided for by law.
Comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code.
Engage in public or peer-reviewed scientific, historical, or statistical research that conforms or adheres to all other applicable ethics and privacy laws, when the business’ deletion of the information is likely to render impossible or seriously impair the ability to complete such research, if the consumer has provided informed consent.
To enable solely internal uses that are reasonably aligned with the expectations of the consumer based on the consumer’s relationship with the business and compatible with the context in which the consumer provided the information.
Comply with a legal obligation.
Palette may not, and will not, treat you differently because of your Consumer Request activity. As a result of your Consumer Request activity, we may not and will not deny goods or services to you; charge different rates for goods or services; provide a different level quality of goods or services; or suggest any of the preceding will occur. However, we can and may charge you a different rate, or provide a different level of quality, if the difference is reasonably related to the value provided by your personal information.
Special Notice to Colorado Residents
Personal information or “personal data” means “information that is linked or reasonably linkable to an identified or identifiable individual.” “Personal data” does not include de-identified or publicly available information.
Request to Access. You may submit a request to confirm or to obtain a copy of or access to the personal data that we have collected on you including what the data is, how it’s been used, and who it’s been disclosed to. Your personal data may no longer be available because it has been destroyed, erased, or made anonymous in accordance with our data retention policies in which case we will provide you with the reasons why the personal data no longer exists where possible.
Request to Correct. You may correct or update your personal data at any time by logging into your account or by contacting us.
Request to Delete. You may request that we delete the personal data it has collected on you. We will delete your personal data from our records and direct any service providers to do the same unless retention is required by law.
Request to Opt-Out. You may submit a request to opt out of the sale of your personal data as well as its processing for targeted advertising or consumer profiling. We do not sell, rent, or lease your personal data to third parties and do not process your personal data for targeted advertising or consumer profiling.
Appeal. If we notify you that no action is to be taken in response to your request to access, correct, delete, or opt-out, you may appeal this decision by contacting us within 30 days with the reason why you believe further action should be taken. If you are not satisfied with the result of the appeal, you may contact the Colorado Attorney General.
Withdraw Consent for Your Sensitive Personal Information. We only collect, use, or disclose sensitive personal information for the purposes provided in this Policy. You may withdraw your consent to any use or disclosure of your personal sensitive information at any time by contacting us.
If you like to make any of the above requests, you can contact us at [email protected]. If you choose to submit a request, you must provide us with enough information to identify you in order to comply with your request. We will only use the information it receives to respond to your request. We will not be able to disclose information or comply with your request if it cannot verify that the person making the request is the person about whom we collected information, or someone authorized to act on such person’s behalf.
Special Notice to Nevada Residents
Palette does not sell, rent, or lease your personally identifiable information to third parties. However, if you are a resident of Nevada and would like to submit a request not to sell your personally identifiable information, you may do so by emailing us at [email protected].
Special Notice to Virginia Residents
Personal information or “personal data” means “any information that is linked or reasonably linkable to an identified or identifiable natural person.” “Personal data” does not include de-identified data or publicly available information.
Request to Access. You may submit a request to confirm or to obtain a copy of or access to the personal data that we have collected on you including what the data is, how it’s been used, and who it’s been disclosed to. Your personal data may no longer be available because it has been destroyed, erased, or made anonymous in accordance with our data retention policies in which case we will provide you with the reasons why the personal data no longer exists where possible.
Request to Correct. You may correct or update your personal data at any time by logging into your account or by contacting us.
Request to Delete. You may request that we delete the personal data provided by or obtained about you. We will delete your personal data from our records and direct any service providers to do the same unless retention is required by law.
Request to Opt-Out. You may submit a request to opt out of the sale of your personal data as well as its processing for targeted advertising or consumer profiling. We do not sell, rent, or lease your personal data to third parties and do not process your personal data for targeted advertising or consumer profiling.
Appeal. If we notify you that no action is to be taken in response to your request to access, correct, delete, or opt-out, you may appeal this decision by contacting us within 30 days with the reason why you believe further action should be taken. If you are not satisfied with the result of the appeal, you may contact the Virginia Attorney General or submit a complaint online at https://www.oag.state.va.us/consumer-protection/index.php/file-a-complaint.
Withdraw Consent for Your Sensitive Personal Information. We only collect, use, or disclose sensitive personal information for the purposes provided in this Policy. You may withdraw your consent to any use or disclosure of your personal sensitive information at any time by contacting us.
If you like to make any of the above requests, you can contact us at [email protected]. If you choose to submit a request, you must provide us with enough information to identify you in order to comply with your request. We will only use the information it receives to respond to your request. We will not be able to disclose information or comply with your request if it cannot verify that the person making the request is the person about whom we collected information, or if such person is a known child, that child’s parent or legal guardian.
Security
If you choose to provide us with your personal information, you understand that we are transferring it to Palette’s locations and systems in the United States or to the locations and systems of Palette’s service providers around the world. The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Palette cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security, and improperly collect, access, steal, or modify your personal information.
Our store is hosted on TikTok. TikTok provides us with the online platform that allows us to sell our products to you. Your data is stored through TikTok’s data storage, databases, and the general TikTok application. TikTok stores your data on a secure server behind a firewall.
When you complete a purchase on our Service, then TikTok stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers. For more information about TikTok’s platform and data collection and use practices, you may want to read TikTok’s Terms of Service and Privacy Statement.
The security of your Palette account relies on your protection of your user profile information. You are responsible for maintaining the security of your user profile information, including your password and for all activities that occur under your account. You may not share your password with anyone. We will never ask you to send your password or other sensitive information to us in an email. Any email or other communication purporting to be from one of our websites requesting your password or asking you to provide sensitive account information via email, should be treated as unauthorized and suspicious and should be reported to us immediately by using the “Contact” feature of our website. If you believe someone else has obtained access to your password, please change it immediately by logging in to your account and report it immediately by using the “Contact” feature of our website or by contacting us via email.
Notification of Privacy Statement Changes
We may update this Privacy Policy to reflect changes to our information practices. If we make any material changes, we will notify you by email (sent to the email address specified in your account) or by means of a notice on the Service prior to the change becoming effective. Use of information we collect now is subject to the Policy in effect at the time such information is used. You are bound by any changes to our Policy when you use the Service after such changes have been first posted. We encourage you to periodically review this policy for the latest information on our privacy practices.
Consent to Processing and International Transfers
Palette may process, transfer, and store information about users of the Service on servers located in a number of countries, including the United States. As a result, your personal information may be subject to data protection and other laws that may differ from your country of residence. Your personal information may be disclosed in response to inquiries or requests from government authorities or to respond to judicial process in the countries in which we operate. By using the Service, or by providing us with any information, you consent to the collection, processing, maintenance, and transfer of such information in and to the United States and other applicable territories in which the privacy laws may not be as comprehensive as, or equivalent to, those in the country where you reside or are a citizen.
Contact
You can contact us about this Privacy Policy by emailing us at [email protected].

Terms of Palette TikTok Shop
Last Updated: 12/10/2024
INTRODUCTION

PLEASE READ THESE TERMS OF SERVICE (THE “TERMS”) CAREFULLY. These Terms apply to and govern your access to and use of any TikTok, mobile TikTok, social media site, software, email exchange of information, and any other digital platform, including any services, features, pages, and functions contained or offered therein, including any transactions, orders, sales, purchases, or the acquisition of goods or products (collectively the “TikTok Shop”), that are owned, operated, or provided by Palette, a Love Language Entertainment LLC product’s or any of its subsidiaries, divisions, and affiliates (“Palette,” “us,” “we,” or “our”),

Palette offers the TikTok Shop Store “Palette Wellness,” including all information, tools, services, goods, and products available through the TikTok Shop, to you conditioned upon your acceptance of all terms, conditions, polices, and notices stated herein or incorporated by reference. Please read these Terms carefully before using our TikTok Shop or making any transaction, order, or purchase. By making any transaction, order, or purchase, or by visiting or otherwise using the TikTok Shop in any manner, you acknowledge, accept, and agree to be bound and abide by these Terms. You also acknowledge, agree and consent to the terms of our Privacy Policy which is incorporated herein by reference. If for any reason you do not accept and agree to these Terms or those set forth in the Privacy Policy, then accessing the TikTok Shop is strictly prohibited and you must immediately exit.

By using our TikTok Shop, you agree that you are at least the legal age of majority in the jurisdiction in which you reside or, if you are not, that you have obtained parental or guardian consent. The TikTok Shop is not targeted for use by children under the age of 18. IF YOU ARE UNDER THE AGE OF EIGHTEEN (18) YOU ARE NOT AUTHORIZED TO USE THE SERVICE.

THESE TERMS AFFECT YOUR LEGAL RIGHTS, RESPONSIBILITIES, AND OBLIGATIONS, GOVERN YOUR USE OF THE SERVICE, IS LEGALLY BINDING, LIMIT PALETTE’S LIABILITY TO YOU, REQUIRE YOU TO INDEMNIFY PALETTE, AND TO SETTLE CERTAIN DISPUTES THROUGH ARBITRATION. YOUR CONTINUED USE OF THE SERVICE AFFIRMS YOUR AGREEMENT TO THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OR ANY FUTURE MODIFICATIONS OR AMENDMENTS TO THESE TERMS, DO NOT USE OUR SERVICE.

We reserve the right to change these Terms at any time and at our sole discretion. Any changes to the Terms will be effective immediately upon posting and you agree to the new posted Terms by continuing your use of the TikTok Shop. It is your responsibility to check periodically for any changes we may make to these Terms.

If we make any material changes, and you have registered to use the TikTok Shop, we will also send an email to you at the last email address you provided to us. You agree that such modified Terms will be effective thirty (30) days after our notice to you, except for changes that relate to new features or for legal reasons, which will become effective immediately. Your continued use of the TikTok Shop after our provision of notice to you will constitute your affirmative acceptance to the modified Terms. If you do not agree to, or cannot comply with, the Terms as amended, you must stop using Palette’s TikTok Shop. Otherwise, your continued use of the TikTok Shop constitutes your acceptance of such change(s).

These Terms are written in the English language. We do not guarantee the accuracy of any translated versions of these Terms. To the extent any translated versions of these Terms conflict with the English language version, the English language version of these Terms shall control.

ACCESSING THE SERVICE AND ACCOUNT SECURITY

We reserve the right to withdraw or amend our TikTok Shop at our sole discretion and without notice. We will not be liable if for any reason all or any part of the TikTok Shop is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the TikTok Shop, or the entire TikTok Shop, to users, including registered users.

To access the TikTok Shop, you may be asked to provide certain registration details or other information. It is a condition of your use of the TikTok Shop that all the information you provide on the TikTok Shop is correct, current, and complete. You agree that all information you provide to register with this TikTok Shop or otherwise, including, but not limited to, through the use of any interactive features on the TikTok Shop, is governed by our Privacy Policy and TikTok’s Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the TikTok Shop using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms on any platform that we control.

You are solely and fully responsible for all activities that occur under your username, password, or account. Palette may assume that any transaction, order, purchase, or communications it receives through your account have been made by you unless we receive prior notice otherwise. Palette expressly disclaims any liability from misuse of your account.

You will not sell, transfer, or assign your account or any account rights. Accounts may only be set up by the individual that is the subject of the account, and who is of the age of majority. We generally do not review accounts for authenticity and are not responsible for any unauthorized accounts that may appear on the TikTok Shop. For any dispute as to account creation or authenticity, we shall have the sole right, but are not obligated, to resolve such dispute as we determine appropriate in our sole and exclusive discretion, with or without notice.

YOU ARE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE SERVICE BY ANYONE USING YOUR PASSWORD AND IDENTIFICATION WHETHER OR NOT SUCH ACCESS TO AND USE OF THE SERVICE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS, TRANSMISSIONS, ORDERS, PAYMENTS, FINANCIAL TRANSACTIONS, AND OTHER OBLIGATIONS INCURRED THROUGH SUCH ACCESS OR USE.

INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP OF SERVICE

The TikTok Shop and all of its content, including without limitation all copyrights, patents, trademarks, service marks, and trade names, as well as all logos, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof, and all other intellectual property (collectively referred to as the “Content”), are all proprietary and owned or controlled by Palette, our licensors, and certain other third parties. All right, title, and interest in and to the Content available via the TikTok Shop is the exclusive property of and owned by Palette, our licensors or certain other third parties, and is protected by United States and international copyright, trademark, trade dress, patent or other intellectual property and unfair competition rights and laws to the fullest extent possible.

These Terms permit you to use our TikTok Shop and Content for your personal, non-commercial use only. A limited, revocable, nontransferable license is granted to temporarily download one copy of the Content for personal, non-commercial transitory viewing only. This is not a transfer of title, right, or interest in the TikTok Shop or Content. The license does not give you the right to, and you are strictly prohibited from, copying the Content, modifying the Content, using the Content for any commercial purpose, publicly displaying the Content, attempting to decompile or reverse engineer the Content, removing any copyright, trademark, or other proprietary notations from the Content, or otherwise infringing upon the intellectual property rights of Palette or its licensors. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Palette at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format. Except as expressly provided in these Terms, no assignments or license of intellectual property are granted by Palette.

The sale or linking of our products on or to any third party e-commerce TikTok, social media site, marketplace, or mobile application without our specific written consent is expressly prohibited.

ANY USE OF THE SERVICE NOT SPECIFICALLY PERMITTED UNDER THESE TERMS IS STRICTLY PROHIBITED.

Palette owns and uses several trademarks on the TikTok Shop, including but not limited to: PALETTE, PALETTE WELLNESS, and related designs and logos. You must not use such marks without the prior written permission of Palette. All rights reserved. All other names, logos, product and service names, designs, and slogans on the TikTok Shop are the trademarks of their respective owners. 

AUTOMATIC RENEWAL AND CANCELLATION OF SUBSCRIPTION POLICY

We offer our customers a subscription option that is an automatic, recurring subscription to our products in a frequency, quantity, and variety of your choosing based on the options available (each a “Subscription”). You can find specific details regarding your Subscription by logging into your account and accessing the “Manage Subscriptions” page or by emailing us at [email protected] with your order number(s) and email address.

By purchasing a Subscription, you acknowledge and agree that PAYMENTS ARE CHARGED ON THE DAY YOU SIGN UP FOR THE SUBSCRIPTION AND THAT YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT EITHER A MONTHLY, BI-MONTHLY, OR QUARTERLY FREQUENCY, DEPENDING ON THE SUBSCRIPTION OPTION YOU SELECT, AT THE PRICE PRESENTED TO YOU AT CHECKOUT, WHICH WILL DEPEND ON THE PRODUCT YOU DECIDE TO PURCHASE AND ANY APPLICABLE TAX.

YOUR SUBSCRIPTION WILL CONTINUE INDEFINITELY UNTIL CANCELLED BY YOU OR TERMINATED US IN ACCORDANCE WITH THESE TERMS.

You further acknowledge and agree that your Subscription has an initial and recurring fee (“Subscription Fee”), which shall be determined by the quote accepted by and provided to you when you purchase a Subscription. By purchasing a Subscription, you accept responsibility for, and agree to pay, all Subscription Fees, plus any applicable tax, prior to cancellation of your Subscription. You affirmatively and expressly authorize us to charge your payment provider when your Subscription begins, and again at the beginning of any subsequent renewal term. If your payment details change, your card provider may provide us with the updated payment details. We reserve the right to use these updated details for future charges in order to help prevent any interruption to the delivery of the TikTok Shop.

Upon renewal of your Subscription, if Palette does not receive payment from your payment provider, (a) you agree to pay all amounts due on your account upon demand and (b) you agree that Palette may either terminate or suspend your Subscription and continue to attempt to charge your payment provider until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).

The specific dollar amount charged for repeat deliveries may differ from the amount charged for the initial Subscription order or other repeat deliveries if coupon or promo codes are used or if prices are updated by Palette.

If the regular price to renew your Subscription increases, or any terms regarding the automatic renewal or your Subscription changes, Palette will notify you of any such increase or change in writing prior to the commencement of the next renewal term to or in which the increase or change applies.

YOU MUST CANCEL YOUR SUBSCRIPTION BEFORE IT RENEWS TO AVOID INCURRING A SUBSCRIPTION FEE FOR THE NEXT RENEWAL TERM. You may cancel your Subscription at any time. The account will remain active for the remainder of your billing cycle, but you will not be charged for the next renewal term unless you purchase another Subscription.

If you want to cancel your subscription, please log in to your account, go to the “Manage Subscriptions” page here, and select the Subscription you would like to cancel. You may also contact us at [email protected]. If you choose to cancel your Subscription prior to the next renewal period, we will terminate your Subscription and will not charge your payment provider for the subsequent renewal period. You may also update the date for your next delivery or skip an upcoming delivery – you will not be charged for skipped deliveries.

You agree that we may either terminate or suspend your Subscription for any reason at any time in our sole discretion. You will not be responsible for payment of any Subscription terminated or suspended by us.

If you have any questions about automatic renewal, your Subscription, or our cancellation procedures, please contact us at [email protected].

 PRODUCTS, PRICING, AND PURCHASES

All Content, including specifications, products, and prices of products, on this TikTok Shop is subject to change at any time without notice. Certain measures and descriptions are approximate and are provided only for your convenience. Palette makes all reasonable efforts to accurately display the attributes of its products, including the applicable colors. The actual color you see, however, may depend on your computer system, and we cannot guarantee that your computer will accurately display such colors.

The inclusion of any products or services on the TikTok Shop at a particular time does not imply or warrant that these products or services will be available at any time. Palette cannot confirm the price or availability of a product until after your order is placed. Pricing or availability errors may occur on the TikTok Shop. The receipt of an order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product. Palette reserves the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Palette. We may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We also reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may further limit, including without prior notice, the quantity of items purchased per person, per household, or per order for any reason. We will attempt to notify you should such limits be applied. We may also refuse service to any customer.

Palette reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms, “reselling” will be defined as purchasing or intending to purchase any product from Palette for the purpose of engaging in a commercial sale of the same product to a third party. We also may require verification of information prior to the acceptance or shipment of any order. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the possession, use, and sale of any item purchased from the TikTok Shop. By placing an order, you represent that the products ordered will be used only in a lawful manner.

Promotional codes, discounts, and offers (“Promotions”) are limited in nature and may expire or be discontinued with or without notice. Promotions are void where prohibited by law. Promotions may not be copied, sold, or otherwise transferred. They are not redeemable for cash and are subject to cancellation or change at any time for any reason without notice. We reserve the right in our discretion to impose conditions on the offering of any Promotions. Other Promotions, including sweepstakes, contests, raffles, surveys, or games, may be governed by rules that are separate from or supplement these Terms. If you participate in any Promotions, please review the applicable rules. If the specific rules for a Promotion conflict with these Terms, the Promotion rules will govern.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.

Product prices will be displayed in United States Dollars. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the products, as well as all shipping and handling charges and applicable taxes and currency conversion fees.

You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us. All billing information you provide to us must be current, complete, truthful and accurate. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. Providing any untruthful or inaccurate information is a breach of these Terms and may result in cancellation of your order or account.

If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We will attempt to contact you if all or any portion of your order is canceled or if additional information is required to accept your order. Palette may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.

We are not responsible for any fees or charges that your bank or credit card issuer may apply.

If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer TikTok Shops of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

REFUNDS

We encourage everyone to try our products for 2 months and have a 60-day happiness guarantee / refund policy. If you are not satisfied with our products, you can request to be refunded for up to two bottles within 60 days of your very first purchase. The refund will be issued for the amount you paid for the product to the form of payment used for the purchase. Unless otherwise instructed, you do not need to return the bottle(s) to receive the refund. Note that shipping is non-refundable and refunds do not include the cost of shipping.

If you would like to receive a refund, please contact us [email protected]. Refunds will be issued by us in our sole discretion.

SHIPPING

When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Site. A third-party carrier will ship any merchandise you purchase from our TikTok Shop. All purchases from this Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the TikTok Shop passes to you upon our delivery of the items to the carrier.

While we will work diligently to ensure that products are delivered in the indicated time, you agree that Palette will not be liable for any delays in shipping or delivery resulting from the action or inaction of any shipping or carrier service utilized by Palette. By using the TikTok Shop, you acknowledge and agree that you are responsible for filing any claims with carriers for damaged or lost shipments.

If an ordered product does not arrive to a destination within the continental United States within a month of the order without notice of justifiable delay on behalf of Palette, or if an ordered product arrives damaged, broken, or otherwise defective, Palette will work with you to address whatever issue you may have.

ACCURACY OF INFORMATION AND RELIANCE ON INFORMATION POSTED

The information presented on or through the TikTok Shop is made available solely for general information purposes. Palette attempts to ensure that information on this TikTok Shop is complete, accurate, and current. However, despite our efforts, the information on the TikTok Shop may occasionally be inaccurate, incomplete, or out of date. Accordingly, we do not warrant the completeness, accuracy, timeliness, or usefulness of any information on this TikTok Shop, and any reliance you place on such information is strictly at your own risk. For example, products included may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the TikTok Shop. In addition, we may make changes in information about price and availability without notice.

The material on the TikTok Shop is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the TikTok Shop is at your own risk.

The TikTok Shop may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the TikTok Shop at any time, but we have no obligation to update any information on our TikTok Shop. You agree that it is your responsibility to monitor changes to our TikTok Shop.

We disclaim all liability and responsibility arising from any reliance placed on any materials or information by you or any other visitor to the TikTok Shop, or by anyone who may be informed of any of its contents. This TikTok Shop may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, or reporting services. All statements and opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Palette, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Palette. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

SMS/MMS MOBILE MESSAGING MARKETING PROGRAM

Palette offers a mobile messaging program (the “Program”), where, if you opt-in to the Program, you agree to these Terms and to receive marketing text messages from us through our third party service provider. The Program is optional and not a condition of purchase. The Program allows Users to receive SMS/MMS mobile messages by voluntarily and affirmatively opting into the Program, such as through online or application-based enrollment forms. The messages we send to you include marketing messages, and may also include cart abandon messages, as well as messages allowing you to make purchases using previously-saved account information. TikTok Shop-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Messaging frequency may vary. You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Regardless of the opt-in method you utilized to join the Program, you agree that these Terms apply to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Palette. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Palette’s mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving mobile messages. Under no circumstances will we be responsible for any messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number.

Data obtained from you in connection with the Program may include your cell phone number, your provider’s name and the date, time and content of your text messages. We may use this information in accordance with our Privacy Policy  to contact you and to provide the services you request from us.

SMS/MMS MOBILE MESSAGING OPT-OUT: If you do not wish to continue participating in the Program, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Palette in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events. Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with us. For support regarding the Program, text “HELP” to the number you received messages from or email us at [email protected]. Opt outs should be submitted in accordance with the procedures set forth above.

The Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Palette and the carriers are not liable for delayed or undelivered mobile messages.

You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

We endeavor to comply with all applicable telemarketing laws, including but not limited to the Telephone Consumer Protection Act (“TCPA”), Georgia Telemarketing Act, and Georgia Do Not Call Act. For purposes of compliance, you agree that we may assume that you are a resident of a certain state if, at the time of opt-in to Program, (1) your shipping address, as provided, is located in that state or (2) the area code for the phone number used to opt-into the Program is an area code for that state. You agree that the requirements of a state’s telemarketing laws do not apply to you, and you shall not assert that you are resident of that state, if you do not meet either of the foregoing criteria or, in the alternative, do not affirmatively advise us in writing that you are a resident of the state by sending written notice to us. You further agree that mobile messages sent by us in direct response to mobile messages or requests from you (including but not limited to response to keywords, opt-in, help or stop requests, and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” (e.g., for purposes of Georgia Statutes), “telephone solicitation” (e.g., for purposes of the TCPA and state laws such as the Utah Telephone and Facsimile Solicitation Act and Washington Commercial Telephone Solicitation Act), or an otherwise unsolicited call or message that is subject to a telemarketing law, to the extent such laws are relevant and applicable.

MMS DISCLOSURE: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

LINKING TO PALETTE’S SERVICE

Creating or maintaining any link to any page or portion of the TikTok Shop, or running or displaying this TikTok Shop or any Content in any format without Palette’s prior written permission, is strictly prohibited. Any permitted links to this TikTok Shop must comply will all applicable laws, rules, and regulations.

In the event you are permitted to link to this TikTok Shop, you must also do so in a way that is fair and legal and complies with our Term, does not damage our reputation or take advantage of it, does not suggest any form of association, approval, or endorsement on our part. The TikTok from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms.

You agree to cooperate with us in immediately ceasing any unauthorized display or linking of our TikTok Shop or Content. We reserve the right to withdraw permission without notice, and we may disable all or any social media features and any links at any time without notice in our discretion.

LINKED SITES

The TikTok Shop may provide links to other third-party TikToks (“Linked Sites”). Palette has not reviewed all of the information on the Linked Sites, does not maintain Linked Sites, and cannot control the completeness, accuracy, or security of the content contained on any Linked Site. The content of, including materials and information contained on, any Linked Site is solely the responsibility of the provider of that Linked Site. Palette is not responsible for the contents of any such Linked Site, and the inclusion of any link to a Linked Site does not imply endorsement by Palette of the Linked Site. The views and opinions expressed in Linked Sites are those of the authors or third parties and do not necessarily reflect the official policy or position of Palette. If you decide to access any Linked Site, you do this entirely at your own risk. References to any names, marks, products, or services of any third parties, third-party information, or Linked Sites are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship, recommendation of, or affiliation with, the third party or its products and services. Palette makes no representation or warranty as to any Linked Site content, products, or services, and you agree that Palette shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, products, or services available on or through any Linked Site or similar resource.

AS PERMITTED BY APPLICABLE LAW, WE SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR SPECIAL LOSS, OR OTHER DAMAGE, WHETHER ARISING FROM NEGLIGENCE, BREACH OF CONTRACT, DEFAMATION, INFRINGEMENT OF COPYRIGHT, OR OTHER INTELLECTUAL PROPERTY RIGHTS, CAUSED BY THE EXHIBITION, DISTRIBUTION, OR EXPLOITATION OF ANY INFORMATION OR CONTENT CONTAINED WITHIN THESE THIRD-PARTY SERVICES.

PROHIBITED USES

You may use the TikTok Shop only for lawful purposes and in accordance with these Terms. You agree not to use the TikTok Shop:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms.
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate the Palette, a Palette employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the TikTok Shop, or which, as determined by us, may harm the Palette or users of the TikTok Shop, or expose them to liability.

Additionally, you agree not to:

Use the TikTok Shop in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the TikTok Shop, including their ability to engage in real time activities through the TikTok Shop.
Use any robot, spider, or other automatic device, process, or means to access the TikTok Shop for any purpose, including monitoring or copying any of the material on the TikTok Shop.
Use any manual process to monitor or copy any of the material on the TikTok Shop, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the TikTok Shop.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the TikTok Shop, the server on which the TikTok Shop is stored, or any server, computer, or database connected to the TikTok Shop.
Attack the TikTok Shop via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the TikTok Shop.

USER CONTRIBUTIONS

The TikTok Shop may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features that allow users to post, submit, publish, display, or transmit to Palette, other users or other persons content or materials (collectively, “User Contributions”) on or through the TikTok Shop. Other than personally identifiable information, which is subject to our Privacy Policy, any such User Contributions, including but not limited to any creative material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments, or other communications you transmit or post to or through this TikTok Shop in any manner, is and will be considered non-confidential and non-proprietary. All User Contributions must comply with the Content Standards set out in these Terms.

Your User Contributions may be posted and transmitted to others at your own risk. We cannot control the actions of other users of the TikTok Shop with whom you may choose to share your User Contributions. All User Contributions may be retained by us indefinitely, even after you terminate your account. By submitting any User Contributions, you grant to Palette a perpetual, worldwide, irrevocable, non-exclusive, royalty-free license to use the User Contributions in any manner, including to create derivative works, without any compensation or notice to you. By providing any User Contribution on the TikTok Shop, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, transmit, publish, broadcast, develop, manufacture, market, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose whatsoever. Palette will have no liability related to any User Contributions.

You further represent and warrant that:

You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
All of your User Contributions do and will comply with these Terms.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Palette, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the TikTok Shop.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

We have the right to:

Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the TikTok Shop or the public, or could create liability for the Palette.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of our TikTok Shop.
Terminate or suspend your access to all or part of our TikTok Shop for any or no reason, including without limitation, any violation of these Terms.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the TikTok Shop. YOU WAIVE AND HOLD HARMLESS PALETTE, LOVE LANGUAGE ENTERTAINMENT LLC AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We cannot review all material before it is posted on or through the TikTok Shop, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

CONTENT STANDARDS

These content standards (the “Content Standards”) apply to any and all User Contributions and use of the TikTok Shop. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Be posted through a false email address, while pretending to be someone other than yourself, or under any other circumstances that could mislead us or third-parties as to the origin of any User Contribution.

DISCLAIMERS AND LIMITATIONS OF LIABILITY

YOUR USE OF THE SERVICE IS AT YOUR RISK. THE SERVICE AND ALL SERVICES, INFORMATION, GOODS, AND MATERIALS MADE AVAILABLE OR PURCHASED THROUGH THE SERVICE ARE PROVIDED TO YOU “AS IS” WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND WE DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS, AND CONDITIONS WITH RESPECT TO THE SERVICE AND ALL SERVICES, INFORMATION, GOODS, AND MATERIALS MADE AVAILABLE THROUGH THE SERVICE, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE, AND WITH RESPECT TO THE PRODUCTS LISTED OR PURCHASED ON OR THROUGH THE SERVICE.

WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SERVICE (OR ANY PART THEREOF) WILL BE ACCURATE, COMPLETE, OR ERROR-FREE, NOR THAT ANY PARTICULAR SOFTWARE OR HARDWARE, WILL BE COMPATIBLE WITH THE SERVICE, AND YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO (A) OBTAIN AND PAY FOR ANY SOFTWARE, HARDWARE AND SERVICES (INCLUDING INTERNET CONNECTIVITY) NEEDED TO ACCESS AND USE THE SERVICE AND (B) ENSURE THAT ANY SOFTWARE, HARDWARE, AND SERVICES THAT YOU USE WILL FUNCTION CORRECTLY WITH THE SERVICE. THE MATERIALS ON THE SERVICE MAY BE OUT OF DATE, AND PALETTE MAKES NO COMMITMENT AND ASSUMES NO DUTY TO UPDATE SUCH MATERIALS. PALETTE MAKES NO WARRANTY THAT THE SERVICE WILL BE AVAILABLE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS OR DIRECTIONS ON THE SERVICE. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SERVICE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, TIMELINESS, OR USEFULNESS OF ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SERVICE. WITHOUT LIMITING THE FOREGOING, PALETTE HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. PALETTE MAKES NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

ADDITIONALLY, IN NO EVENT WILL PALETTE, ITS RESPECTIVE MEMBERS, EMPLOYEES, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS, OR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION, OR TRANSMISSION OF THE SERVICE, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE SERVICE, OR FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, BUSINESS INTERRUPTION, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SERVICE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. FURTHER, WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, ANY INFORMATION OR MATERIALS ON THE SERVICE, ANY LINKED SITES, OR THE MATERIALS, INFORMATION, OR SERVICES CONTAINED AT ANY OR ALL SUCH LINKED SITES. IN THE EVENT OF ANY PROBLEM WITH THE SERVICE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. MOREOVER, IN THE EVENT OF ANY PROBLEM OR DISSATISFACTION WITH THE PRODUCT THAT YOU HAVE PURCHASED ON OR THROUGH THE SERVICE, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY, IF ANY, IS TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT IN ACCORDANCE WITH THE RETURN POLICY POSTED ON THE SERVICE. OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO ACCESS AND USE THE SERVICE.

IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF A PARTY’S LIABILITY WITH RESPECT TO DEATH OR PERSONAL INJURY CAUSED BY SUCH PARTY’S NEGLIGENCE, FRAUD, OR ANY OTHER MATTER, THEN SUCH PARTY’S LIABILITY WILL NOT BE LIMITED OR EXCLUDED TO THE EXTENT OF SUCH PROHIBITION UNDER SUCH APPLICABLE LAW.

If you are a California resident, you agree to consciously waive all claims, both known and unknown that may be later discovered, to the maximum extent permitted by law, including but not limited to that permitted by California Civil Code Section 1542, which states “[a] general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

DISCLAIMER OF MEDICAL ADVICE

THIS SERVICE DOES NOT PROVIDE MEDICAL OR OTHER LICENSED PROFESSIONAL ADVICE. NOTHING STATED OR POSTED ON THIS SERVICE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE. THE SERVICE AND ITS CONTENT ARE FOR INFORMATIONAL PURPOSES ONLY. THE SERVICE IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION OR TREATMENT. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF INFORMATION YOU HAVE OBTAINED THROUGH THIS SERVICE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.

INDEMNIFICATION

Except to the extent prohibited under applicable law, you agree to indemnify, defend, and hold harmless Palette and its officers, directors, employees, and agents from and against any claims, losses, liabilities, damages, costs, or expenses, including attorneys’ fees and costs, that may arise from or in connection with (a) your use of, or activities in connection with, the TikTok Shop, including use of any good, product, or service purchased through the TikTok Shop, (b) violation of these Terms by you, including any misrepresentations made by you in connection with your use of the TikTok Shop, (c) your violation of any law or the rights of a third-party, and (d) the acts or omissions of any other user or third-party. If you fail to promptly indemnify and defend a covered claim, Palette shall have the right to defend itself, and in such case, you shall promptly reimburse Palette for all of its associated costs and expenses. Palette reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification.

INFORMATION COLLECTED ABOUT YOU

All information we collect on this TikTok Shop is subject to our Privacy Policy. By using the TikTok Shop, you consent to all actions taken by us with respect to your information in compliance with our Privacy Policy.

GEOGRAPHIC RESTRICTIONS

Palette is based in the United States; as such, we provide the TikTok Shop for use only by persons located in the United States. We make no claims that the TikTok Shop or any of its Content is accessible or appropriate outside of the United States. Access to the TikTok Shop may not be legal by certain persons or in certain countries. If you access the TikTok Shop from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

COPYRIGHT POLICY

Palette complies with the copyright notice-and-takedown procedures set out in the United States Digital Millennium Copyright Act (DMCA), which applies to content reported and removed for violating U.S. copyrights. Please note that any notice or counter-notice you submit must be truthful and must be submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability. You may therefore want to seek the advice of legal counsel before submitting a notice or a counter-notice. We may share any notices and counter-notices submitted to us with others including your contact information, and by submitting any notices, you agree you have no expectation of privacy in your submission.

Content owners of copyrighted material or their representing agents may submit a DMCA notice to our registered Copyright Agent if they believe that infringing activity has taken place on our TikTok Shop. The abuse team will only consider valid reports of infringement, and you may submit a complete DMCA notice that features all of the points described below only if the representing party sending the request is the content owner or the authorized agent acting on behalf of the copyright owner. If you are not sure if Palette has control over the allegedly infringed content, please obtain legal representation before contacting us. To be effective under the DMCA, any notification of claimed infringement must be in a written communication that includes substantially the following which must include a certification made under penalty of perjury:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, as well as information sufficient for Palette to determine the legitimacy of the signature and the identity of the signatory;
Identification of the copyrighted work claimed to have been infringed, or, if a single notification covers multiple copyrighted works at a single online site, a representative list of such works at that site, including citation to the applicable copyright registrations where available;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Palette to locate the material, including a timestamp and visible identification of the material in a screenshot or comparable medium, with all metadata intact, as well as a hyperlink or URL to the TikTok or online content at issue;
Information reasonably sufficient to permit Palette to contact the complaining party, including an email address, telephone number, and, if available, physical mail address;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Any such notifications of claimed infringement must be sent to the below contact with the subject line “DMCA NOTICE:”

Palette Copyright Agent
Love Language Entertainment LLC
235 De Leon Place
STE M-196
Decatur, GA 30030
[email protected] 

Please note if any notification of claimed infringement does not meet the above requirements, Palette has no responsibility to respond to or act on any such defective notification of claimed infringement.

If you receive a notification of claimed infringement, you may submit a counter notification to us under the DMCA. It must include the following, which includes a certification made under penalty of perjury:

Your physical or electronic signature, as well as information sufficient for Palette to determine the legitimacy of the signature and the identity of the signatory;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District court (i) in the judicial district where your address is located if the address is in the United States, or (ii) located in Georgia, if your address is located outside the United States, and that you will accept service of process from the Complainant submitting the notice or the Complainant’s authorized agent.

Any such counter notification must be sent to:

Palette Copyright Agent
Love Language Entertainment LLC
235 De Leon Place
STE M-196
Decatur, GA 30030
[email protected] 

ARBITRATION, CHOICE OF LAW, AND VENUE

Any dispute, claim, or controversy arising out of or relating to these Terms, including the determination of the scope or applicability of this agreement to arbitrate, shall be submitted to and settled exclusively by binding arbitration, in accordance with the provisions of this section, subject only to any applicable requirement of law that you and Palette engage in a preliminary, non-binding mediation or arbitration. Binding arbitration shall be conducted in accordance with the American Arbitration Association’s rules (the “AAA Rules”). Arbitration shall be held in Dekalb County, Georgia, and shall be held before an arbitrator selected pursuant to the AAA Rules who shall have no personal or pecuniary interest, either directly or indirectly, from any business or familial relationship with either you or us. The arbitrator(s) shall be bound to adjudicate all disputes in accordance with the laws of the State of Georgia and all decisions of the arbitrator will be final, binding, and conclusive on you and Palette. Either you or Palette may seek confirmation of the arbitration award in the Georgia state courts in and for Orange County, Georgia, and both parties hereby consent to the exclusive jurisdiction and venue of the Georgia state courts in and for Dekalb County, Georgia, in any claim or action arising under this arbitration provision.

YOU AND WE ALSO AGREE TO WAIVE ANY AND ALL RIGHTS TO A JURY TRIAL. ADDITIONALLY, UNLESS YOU AND WE AGREE OTHERWISE, EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL PROCEEDING. ALSO, TO THE EXTENT AVAILABLE BY LAW, AND SUBJECT TO THE DAMAGE LIMITATIONS DISCUSSED HEREIN, THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR, AND FOR THE BENEFIT OF, THE INDIVIDUAL PARTY SEEKING RELIEF.

All costs and expenses, including reasonable attorneys’ fees and experts’ fees, incurred by you or Palette in any dispute that is determined and settled by arbitration or some other proceeding pursuant to these Terms shall be borne by the party determined to be liable in respect to such dispute; provided, however, that if complete liability is not assessed against only one party, then you and Palette will share the total costs in proportion to their respective amounts of liability so determined. Except where clearly prevented by the area in dispute, you and we agree to continue performing their respective obligations under these Terms until the dispute is resolved.

If it is determined that arbitration is not permitted, has been waived, or is otherwise unavailable, then the sole and exclusive jurisdiction and venue for any action or proceeding arising out of or related to these Terms or the TikTok Shop shall be an appropriate state or federal court located in Dekalb County, Georgia, and you hereby submit and irrevocably consent to the personal jurisdiction of the State of Georgia and the jurisdiction and venue of said courts. You agree that such courts are a convenient forum and that you will not seek to transfer an action or proceeding to any other forum or jurisdiction, under the doctrine of forum non convenient or otherwise. You further agree that the laws of the United States and the state of Georgia, without regard to the principles of conflict of laws principles, shall govern these Terms and all matters relating to the TikTok Shop. This paragraph shall not be read to conflict with the mandatory arbitration provision.

ADDITIONAL TERMS

The failure of Palette of any term or condition set out in these Terms shall not be deemed waiver of such term or condition or a waiver of any other term or condition.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

These Terms and our Privacy Policy constitute the sole and entire agreement between you and Palette regarding the TikTok Shop and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the TikTok Shop. You may be subject to additional terms and conditions when you purchase products or participate in a sweepstakes, contest, or other promotions.

You agree that regardless of any statute or law that establishes a different statute of limitations, to the maximum extent permitted under applicable law, any claim or cause of action (including any arbitration) arising out of, related to or connected with the use of the TikTok Shop or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

We may provide you information regarding your account and the TikTok Shop in electronic form only. You agree that such notices and other communications sent electronically satisfy any legal communication requirements, including that requirements must be in writing.

CONTACT

Please direct any questions you may have about our TikTok Shop or these Terms to the following: [email protected]

Although Palette will in most circumstances be able to receive your communications, Palette does not guarantee that it will receive such communications timely and accurately and shall not be legally obligated to read, act on, or respond to any such email or other information. Be aware that your email communications to Palette may not be secure and will not be treated as confidential.