PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. The following are the rules or "Terms" that govern the use of the https://sublimebirdy.com/ sites (collectively, "site"). By using the site, you agree to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing the site. Sublimebirdy reserves the right to change these Terms at any time, effective immediately upon posting on the site.
Unless otherwise noted, all materials on this website are the property of Sublimebirdy and are protected by the United States and international copyright laws. This includes the following: website design, images, text, graphics, logos, button icons, photographs, video clips, audio clips, and all software. The site as a whole (meaning the arrangement, collection, and assembly) is © 2017 Sublimebirdy, also known as https://sublimebirdy.com/- ALL RIGHTS RESERVED.
The trademarks or trade dress of SublimeBirdy cannot be used without my written permission. Trademarks or trade dress include the Sublimebirdy name and logo, as well as other graphics, logos, page headers, button icons, scripts, and the "look and feel" of Sublimebirdy's site, including layout, color combinations, and graphic elements.
Users have permission from Sublimebirdy to electronically copy and to print in hard copy portions of its site for the sole purpose of placing an order with Sublimebirdy and/or using this site as a shopping reference. Unless Sublimebirdy gives you written permission in advance, you may not reproduce (except as noted above), publish, distribute, display, modify, create derivative works from, sell or exploit in any way any part of the site. Any violators will be prosecuted to the full extent of the law.
Disclaimer of Liability
This site and all contents of this site are provided without warranties of any kind, either expressed or implied, on an "as is" basis. Sublimebirdy will not be liable for any damages of any kind related to your use of this site or the performance of the products, including but not limited to direct, indirect, incidental, punitive or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. By your use of this site, you acknowledge that your use of this site and your connection to this site is at your own risk and you assume full responsibility for all costs associated with the necessary servicing or repairs of any equipment used in connection with your use of this site.
Product Descriptions, Images & Colors
Sublimebirdy has gone to great lengths to ensure accuracy in the descriptions and representation of its products. However, slight variations may occur. While the images on the website appear as accurate as possible, their appearance will correspond to the settings on your monitor and may not be exact.
All pricing is in U.S. dollars.
From time to time, there may be information on this site that contains typographical errors, inaccuracies, or omissions that relate to product pricing, availability, and descriptions. We reserve the right to correct any errors, inaccuracies, or omissions, and change or update information at any time without prior notice (including after your order has been placed). We apologize for any inconvenience this may cause. Please understand that while we do our best to provide you with accurate and correct information, it is not possible to guarantee that the site is free of all human or technological errors.
You agree to defend, indemnify and hold Sublimebirdy harmless from and against any claims, damages, costs, and expenses (including all attorney's fees), resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
SublimeBirdys is not responsible for the availability of external sites or resources that may be linked to this website. We do not endorse and are not responsible for any content advertising, warranties, representations, products, or other materials on or available from such independent sites or resources.
We believe that your privacy and the privacy of all our users are important. SublimeBirdy is committed to protecting your privacy. We will not distribute or sell your name or personal information about you to any third party without your expressed permission. Any information you provide to us will be held in confidence and used only to improve our services to you.
Your use of this site shall be governed in all respects by the laws of the state of Massachusetts, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of SublimeBirdy products) shall be in the state or federal courts located in Middlesex County, Massachusetts. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of SublimeBirdy products) must be commenced within one (1) year after the claim or cause of action arises. SublimeBirdys’ failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. SublimeBirdy may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
By your use of this site and/or the mobile version of this site, you agree to be bound by SublimeBirdy's Terms and Conditions and the SublimeBirdy's Returns and Exchanges policy as stated on the full desktop version of this site. Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a SublimeBirdy or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
SublimeBirdy does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, SublimeBirdy is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, SublimeBirdy reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark, or another intellectual property right of another or (d) offensive or otherwise unacceptable to SublimeBirdy in its sole discretion.
Violation of the Terms
You understand and agree that SublimeBirdy has sole discretion, and without prior notice, SublimeBirdy may terminate your access to the site, and remove any unauthorized User content, if SublimeBirdy believes that the User Content you provided has violated or is inconsistent with the Terms or with the intention behind them, or that you have violated the rights and/or policies of SublimeBirdy, another User or the law. SublimeBirdy may release user information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity.