Legal Notices and Privacy Policy

Fly Away Blue Jay
Terms and Conditions of Use
Legal Notices / Privacy Policy

Fly Away Blue Jay reserves the right to update these terms and conditions at any time.  Your continued use of the Fly Away Blue Jay Website will mean that you accept all changes.

            Disclaimer.  Fly Away Blue Jay is an online retail outlet providing unique goods including goods for the home decor, clothing, jewelry, accessories and self-care products.  Fly Away Blue Jay attempts to offer creative, ethical products.  Fly Away Blue Jay does not manufacture any of its own products. It purchases products which meet its standards from various vendors.  Fly Away Blue Jay relies upon the representations made by the vendors as to the ethical nature of the products, including beauty products. Fly Away Blue Jay does not research or investigate the claims made by the vendors or manufacturers of these products.  Accordingly, Fly Away Blue Jay has no independent knowledge as to the veracity of claims made by vendors, for instance whether a beauty product is in fact organic and fair trade, as Fly Away Blue Jay relies upon the artisan and vendor to make those representations.  Fly Away Blue Jay is not a health care provider or health-related organization and does not make any claims as to the medical safety of any product sold by Fly Away Blue Jay.  Fly Away Blue Jay is not a social service organization.  Fly Away Blue Jay specifically disclaims any independent knowledge of the composition of the products offered on its Site.  Fly Away Blue Jay 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 Fly Away Blue Jay 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 Fly Away Blue Jay 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 Fly Away Blue Jay.  TheFly Away Blue Jay Site is provided on an “as is” basis.  Fly Away Blue Jay, 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, Fly Away Blue Jaymakes no representations or warranties about the following:

  1. The accuracy, reliability, completeness, or timeliness of the content on the Site, the text, graphics, links, or communications provided on or through the use of the Site.
  2. The effectiveness of the products offered in helping you to reach your goals.

            In no event, shall Fly Away Blue Jay 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 Fly Away Blue Jayis advised of the possibility of such damages.  Fly Away Blue Jayis not liable for any personal injury, including death, caused by the use or misuse of the Site, or the 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.

            No Unlawful or Prohibited Use/Intellectual Property.  You are granted a non-exclusive, non-transferrable, revocable license to access and use the Site strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Fly Away Blue Jaythat you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

            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 Fly Away Blue Jayor 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. Fly Away Blue Jaycontent 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 Fly Away Blue Jay. 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 Fly Away Blue Jayor 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.

                                      Data Security and Privacy Policy

            Fly Away Blue JayElectronic Communications.  Visiting the Site or sending emails to Fly Away Blue Jayconstitutes electronic communications. You hereby 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 Fly Away Blue Jaya 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.
                   Your privacy is important to Fly Away Blue Jay.  Please read the following information carefully.  Through use of this Website, you agree to the terms and conditions below which constitute our Data Security and Privacy Policy. We at Fly Away Blue Jay have created this statement to demonstrate our commitment to your privacy.

                Fly Away Blue Jay  reserves the right to update or revise its Privacy Policy at any time to meet internal policy changes and modification or amendments or applicable law.  Notification of changes will be made through notations at the end of this Privacy Policy as of the date that such revisions are made.  Your continued use of the Fly Away Blue Jay Website constitutes your agreement to and acceptance of our Privacy Policy. If you do not agree with our Privacy Policy, please do not use our Website. 

General Statement of Policy

            Fly Away Blue Jay maintains databases that are compiled exclusively of information knowingly and voluntarily provided to Fly Away Blue Jay by our customers and website visitors with consent. Fly Away Blue Jay respects the privacy of our customers and website visitors. Fly Away Blue Jay does not disclose, give, sell, or transfer any personal information about our customers unless required for law enforcement or otherwise required by law.

            We must disclose pertinent credit card information to appropriate banking institutions for those persons using credit cards to make purchases from FLY AWAY BLUE JAY. However, credit card information collected by FLY AWAY BLUE JAY is used strictly for billing purposes and is not retained.

Use of Links
            On our Website, we provide links to other sites on other servers which may contain information of interest to our supporters and visitors.  We take no responsibility for, and exercise no control over, the organizations, views, or accuracy of the information contained on other servers. Please review the policies of the other providers.  If you continue to use the FLY AWAY BLUE JAY site, we will know that you consent to the policies of the other providers.

Use of Text and Images
            All of the FLY AWAY BLUE JAY Trademarks, Service marks, Trade Names, and Copyrighted content are proprietary. All materials posted on the FLY AWAY BLUE JAY Website including audio, text, photographs, videos and graphics are protected by United States Copyright law and International Copyright law. You must obtain prior written permission from FLY AWAY BLUE JAY before using any content in whole or in part.  

Accessibility
            Our Website is designed to be accessible to readers with disabilities and to comply with Federal Guidelines concerning accessibility of websites to persons with disabilities.  We welcome your comments regarding this subject matter. If you have suggestions on how to make this Website more accessible, please contact us at   contact@flyawaybluejay.com.

Consent

            By using this website, you are specifically agreeing to our Data Security and Privacy Policy as described herein. You may withdraw your consent at any time by contacting contact@flyawaybluejay.com  and expressing your intention to have your data removed. FLY AWAY BLUE JAY considers the name, email, IP Address, phone number, medical information, financial information, (bank details and credit card number) to be data covered by this policy.

 

Use of Personal Information
            FLY AWAY BLUE JAY does not collect any personal information from visitors of its Website unless you voluntarily provide it to us by sending us an email, sharing on a blog, sharing on social media, participating in a survey or completing an online questionnaire or form.  FLY AWAY BLUE JAY conducts email marketing. If a visitor chooses to participate in email marketing, the visitor will receive marketing related email from FLY AWAY BLUE JAY. The visitor may opt out of this service by indicating a preference not to receive email marketing.  Personal information submitted will not be transferred to any non-affiliated third party unless otherwise stated at the time of collection.  When a visitor to our Website submits personally-identifiable information, it is used only for the purpose stated at the time of collection. FLY AWAY BLUE JAY routinely gathers data on website activity, such as how many people visit our website, the pages they visit, and where they come from. This data is collected on an aggregate, anonymous basis, which means no personal information is associated with this data.

 

~~~~ Reading or Downloading
           
FLY AWAY BLUE JAY collects and stores the following information about visitors to its website: the name of the domain from which you access the internet; the date and time you access our Website; the internet address of the website from which you link to our Site.  We use this information to measure the number of visitors to the different sections of our Website and to help us to improve our Site and make it more useful for visitors.

~~~~ Online Profile Updates and Donations
           
If you complete a form or questionnaire and share your personally-identifying, information, this information will be used only for the purpose that you request and provide you with more targeted content.  We may use your contact information to send further information about FLY AWAY BLUE JAY or to contact you when necessary.

~~~~ Sending Us an Email
           
You may also decide to send us personally-identifying information, for example, in an email message containing a question or comment or by filling out a web-based questionnaire that provides us with this information.  We use personally-identifying information from email primarily to respond to your request.  We may forward your email within our organization to people who are better able to answer your questions. We may also use your email to contact you in the future. You can opt out of our contacting you at any time by emailing us at the email address listed above. (contact@flyawaybluejay.com) We will not share your name or email address with any outside parties. 


Security
            FLY AWAY BLUE JAY takes every precaution to protect our visitors’ personal information.  Whenever users submit personal information, such as contact information or credit card information via online forms, registration or online purchase upon submission that information is encrypted via the highest level of secured socket layer (SSL) available.  Servers that store personally-identifiable information are in a secure environment.  Under no circumstance are credit card numbers permanently stored on our website servers. 

Unsecured Communications
           
Posts to discussion forums, discussion boards, comments to blogs, Facebook posts, Instagram posts and Twitter are viewable by other users.  When these areas are not in a password protected area, they may be viewable by the general public.  Please be aware of this when posting personal information in these areas.  FLY AWAY BLUE JAY is not responsible for the use of content posted in this manner, including personal identifiable information, medical or health related content.

User Conduct
            Please visit our Website and use its contents in a lawful manner and for lawful purposes consistent with this Policy. Please log in to this website using only user names and passwords that you are authorized to use. Visitors who access this website using unauthorized accounts may be banned from future use of the Website.

            FLY AWAY BLUE JAY has the right to remove any content that it feels is objectionable.  By using this Website, you agree and acknowledge that FLY AWAY BLUE JAY may preserve user content and may disclose user content if required to do so by law or in the good faith belief that any such preservation or disclosure is reasonably necessary to comply with legal process, respond to claims that any user content violates the rights of third parties or protects the rights, property, or personal safety of the website users and the public.

GDPR Statement

            It is the intention of FLY AWAY BLUE JAY that this policy complies with the General Data Protection Regulation (GDPR) of the EU to the extent that it is applicable. The FLY AWAY BLUE JAY Policy strives to provide the same level of data protection afforded by GDPR.

Contact Information
            If visitors have any questions or suggestions regarding our Privacy Policy or to exercise your right of erasure of data from FLY AWAY BLUE JAY’s system, please contact us by email at contact@flyawaybluejay.com.

 

            Indemnity.  You agree to defend, indemnify and holdFly Away Blue Jay, 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.  Fly Away Blue Jay is based in the United States of America.  Fly Away Blue Jaymakes 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 theFly Away Blue Jay 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 Fly Away Blue Jay, or in any way relating to your use of the Fly Away Blue JaySite, resides in the Courts of the State of New York and you further agree and expressly consent to the exercise of personal jurisdiction in the Courts of the State of New York in connection with any dispute including any claim involving Fly Away Blue Jayor 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 New York, 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 Fly Away Blue JaySite.  These Terms and Conditions constitute the entire agreement between you and Fly Away Blue Jay with respect to the use of the Fly Away Blue JaySite and Product. Your use of the Fly Away Blue Jay Site is also subject to the Fly Away Blue Jay disclaimers and policies posted herewith.

Thank you for your cooperation.  We hope you enjoy the Fly Away Blue Jay Site.

 

© 2018 FLY AWAY BLUE JAY

All Rights Reserved.

 

I hereby consent to the use of my data by FLY AWAY BLUE JAY as described in this FLY AWAY BLUE JAY Data Security and Privacy Policy.

 

 

June, 2018

 

 

 

LEGAL NOTICES


PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE.

 

The materials on this Website (the "Site") are provided by Fly Away Blue Jay 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.

 

TRADEMARK DISCLOSURE

 

Fly Away Blue Jay and the distinctive logo are trade names and/or trademarks belonging to Fly Away Blue Jay, and may not be used without the prior written approval of Fly Away Blue Jay. All other brands, names, and logos used on the Site are the property of their owners and are used with specific permission by Fly Away Blue Jay.

 

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 Fly Away Blue JaySite on a single computer for your personal, noncommercial, internal use only, unless specifically licensed to do otherwise by Fly Away Blue Jayin 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 Fly Away Blue Jay’s prior written permission. Except as expressly provided herein, Fly Away Blue Jaydoes 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 Fly Away Blue Jayin writing or incorporated elsewhere in the Materials.

 

TERMINATION OF THIS LICENSE

Fly Away Blue Jayreserves 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 Commonwealth of Massachusetts and you hereby consent to the exclusive jurisdiction and venue of courts in Massachusetts 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 Fly Away Blue Jayas a result of this agreement or use of the Website. Fly Away Blue Jay’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Fly Away Blue Jay’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 Fly Away Blue Jaywith 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 Fly Away Blue Jaywith respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Fly Away Blue Jaywith 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.

 

 LIABILITY DISCLAIMER

 

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.  FLY AWAY BLUE JAYAND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CONTENT, TEXT, PRODUCTS, DESCRIPTIONS ON THE SITE AT ANY TIME.

 

FLY AWAY BLUE JAY 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.  FLY AWAY BLUE JAY 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 Fly Away Blue Jay, and Fly Away Blue Jayis not responsible for the content of any linked Site or any link contained in a linked Site. Fly Away Blue Jayreserves the right to terminate any link or linking program at any time. Fly Away Blue Jaydoes 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.

 

APPLICABLE LAWS

This Site is controlled by Fly Away Blue Jayfrom its offices within the United States of America. Fly Away Blue Jaymakes 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 New York.

 

GENERAL

Fly Away Blue Jaymay 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.

 

Copyright© 2018 Fly Away Blue Jay. All rights reserved.

 

 

 

 

 

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