Terms and Conditions of Use
FlyAway BlueJay reserves the right to update these terms and conditions at any time. Your continued use of the FlyAway BlueJay Website will mean that you accept those changes.
Disclaimer. FlyAway BlueJay is an online retail outlet providing unique goods including goods for the home, clothing, jewelry and accessories. FlyAway BlueJay attempts to offer creative ethical products. FlyAway BlueJay does not manufacture any of its own products. It purchases products which meet its standards from various vendors. FlyAway BlueJay relies upon the representations made by the vendors as to the ethical nature of the products, including beauty products. FlyAway BlueJay does not research or investigate the claims made by the vendors or manufacturers of these products. Accordingly, FlyAway BlueJay has no independent knowledge as to whether or not a beauty product is in fact organic and fair trade, as it relies upon the artisan and vendor to make those representations. FlyAway BlueJay is not a health care provider or health-related organization and does not make any claims as to the safety of any product sold by FlyAway BlueJay. FlyAway BlueJay is not a social service organization. FlyAway BlueJay specifically disclaims any independent knowledge of the composition of the products offered on its Site. FlyAway BlueJay disclaims any specific knowledge or knowledge of the sourcing of the products or any affiliation with the artisans or vendors. The information presented and generated by FlyAway BlueJay on the Website is a representation of the claims made by the artisans or vendors as to their products without independent testing or evaluation.
No Guarantee of Specific Results. At FlyAway BlueJay we do our best to provide our customers with quality products. We do not guarantee any particular result from any particular product and we do not guarantee the authenticity or veracity of any of the claims made.
No Reproduction of Materials. The images and other material on the Site are protected under state and federal copyright and trademark law. By accessing the material on the Site, you do not obtain any ownership interest or rights to the material found on the Website, nor are you permitted to create any derivative works of such material. All rights to the content of the Site, or the content or material thereon, automatically terminate the permission or license granted by us hereunder. Copyright and trademark infringement are violations of federal and state law, and are subject to criminal and civil penalties.
Liability of FlyAway BlueJay. The FlyAway BlueJay Site is provided on an “as is” basis. FlyAway BlueJay, to the fullest extent permitted by law, disclaims all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties rights and fitness for a particular purpose. Specifically, FlyAway BlueJay makes no representations or warranties about the following:
- The accuracy, reliability, completeness, currentness or timeliness of the Site, text, graphics, links, or communications provided on or through the use of the Site.
- The effectiveness of the products offered in helping you to reach your goals.
In no event, shall FlyAway BlueJay be liable for any damages (including without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Site or the products, whether based on warranty, contract, tort or any other legal theory, and whether or not FlyAway BlueJay is advised of the possibility of such damages. FlyAway BlueJay is not liable for any personal injury, including death, caused by the use or misuse of the Site, or products. Any claims arising in connection with your use of the Site and products must be brought within one year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
All content included as a part of the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of FlyAway BlueJay or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. FlyAway BlueJay content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of the products or of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without express written permission of FlyAway BlueJay. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of FlyAway BlueJay or our licensors except as expressly authorized by these terms and conditions.
General Restrictions. You may not transfer, copy or display the products, except as permitted herein. In addition, you may not sell, rent, lease, distribute, broadcast, sublicense or otherwise assign any right to the products to any third party. You may not remove any proprietary notices or label on the products. You may not attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management system used as part of the Site use the Site or products for any commercial or illegal purpose.
FlyAway BlueJay Electronic Communications. Visiting the Site or sending emails to FlyAway BlueJay constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. You agree that you will not upload or transmit any communications or content of any type that infringes or violates any rights of any party. You agree that any such submission is non-confidential for all purposes. If you make such submission, you are warranting that the owner of such content has expressly granted FlyAway BlueJay a royalty-free, perpetual, irrevocable, world-wide non-exclusive right to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the communication or content in any media or medium, or any form or format now known or hereafter developed.
Indemnity. You agree to defend, indemnify and hold FlyAway BlueJay, its officers, directors, employees, agents, licensors and suppliers harmless from and against any claims, actions or demands, liabilities and settlements, including without limitation reasonable legal and accounting fees resulting from or alleged to result from your violation of these terms and conditions.
General. FlyAway BlueJay is based in the United States of America. FlyAway BlueJay makes no claims that the Site/Product is appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the FlyAway BlueJay Site from outside the United States, you do so at your own risk and you are solely responsible for compliance with the laws of your jurisdiction. All of the provisions of this agreement survive the expiration or termination of the terms and conditions for any reason whatsoever.
Jurisdiction. You expressly agree that exclusive jurisdiction for any dispute with FlyAway BlueJay, or in any way relating to your use of the FlyAway BlueJay Site, resides in the Courts of the State of California and you further agree and expressly consent to the exercise of personal jurisdiction in the Courts of the state of California in connection with any dispute including any claim involving FlyAway BlueJay or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
These Terms and Conditions are governed by the laws of the state of California, without respect to its conflicts of law principles. If any provisions of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not effect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Complete Agreement, Except as Expressly Provided in a Particular “Legal Notice” on the FlyAway BlueJay Site. These Terms and Conditions constitute the entire agreement between you and FlyAway BlueJay with respect to the use of the FlyAway BlueJay Site and Product. Your use of the FlyAway BlueJay Site is also subject to the FlyAway BlueJay disclaimers and policies posted herewith.
Thank you for your cooperation. We hope you find the FlyAway BlueJay Site educational and informative.
©2016 FlyAway BlueJay. All Rights Reserved.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE.
The materials on this Website (the "Site") are provided by FlyAway BlueJay as a service to its (customers) and may be used for informational purposes only. Single copies may be downloaded subject to the provisions below. By downloading any materials from this Site, you agree to these terms. If you do not agree to them, do not use the Site or download any materials from it.
FlyAway BlueJay and the distinctive logo are trade names and/or trademarks belonging to FlyAway BlueJay, and may not be used without the prior written approval of FlyAway BlueJay. All other brands, names, and logos used on the Site are the property of their owners and are used with specific permission by FlyAway BlueJay.
SINGLE COPY LICENSE
The materials on this Site are copyrighted, and any unauthorized use of any materials on this Site may violate copyright, trademark, and other laws. You may download one copy of the information ("Materials") found on the FlyAway BlueJay Site on a single computer for your personal, noncommercial, internal use only, unless specifically licensed to do otherwise by FlyAway BlueJay in writing or as allowed by any license terms that accompany or are provided with individual Materials. This is a license, not a transfer of title and is subject to the following restrictions: you may not (a) modify the Materials or use them for any commercial purpose or any public display, performance, sale, or rental; (b) remove any copyright or other proprietary notices from the Materials; (c) transfer the Materials to another person. You agree to prevent any unauthorized copying of the Materials.
OWNERSHIP OF MATERIALS
Materials are copyrighted and are protected by worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way without FlyAway BlueJay’s prior written permission. Except as expressly provided herein, FlyAway BlueJay does not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information. Other rights may be granted to you by FlyAway BlueJay in writing or incorporated elsewhere in the Materials.
TERMINATION OF THIS LICENSE
FlyAway BlueJay reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the state of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and FlyAway BlueJay as a result of this agreement or use of the Website. FlyAway BlueJay’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the FlyAway BlueJay’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by FlyAway BlueJay with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and FlyAway BlueJay with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and FlyAway BlueJay with respect the Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
THE TEXT, CONTENT, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FLYAWAY BLUEJAY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CONTENT, TEXT, PRODUCTS, DESCRIPTIONS ON THE SITE AT ANY TIME.
FLYAWAY BLUEJAY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE TEXT, CONTENT, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PUROSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH TEXT, CONTENT, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. FLYAWAY BLUEJAY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS TEXT, CONTENT, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
LINKS TO OTHER MATERIALS
The linked Sites are not under the control of FlyAway BlueJay, and FlyAway BlueJay is not responsible for the content of any linked Site or any link contained in a linked Site. FlyAway BlueJay reserves the right to terminate any link or linking program at any time. FlyAway BlueJay does not endorse companies or products to which it links and reserves the right to note as such on its web pages. If you decide to access any of the third-party Sites linked to this Site, you do so entirely at your own risk.
This Site is controlled by FlyAway BlueJay from its offices within the United States of America. FlyAway BlueJay makes no representation that Materials in the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials in violation of U.S. export laws and regulations. Any claim relating to the Materials shall be governed by the internal substantive laws of the state of California.
FlyAway BlueJay may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.