Effective April 10, 2016
In order to use this Website, You must be 18 years or older and have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws.
The copyrights to all original materials, content, selection, and arrangement of the Website (including text, user, and visual interfaces, images, look and feel, design, sound, etc. and any underlying software and computer codes) are the property of Bluebird Studio Arts, its parents, affiliates, subsidiaries, or third party licensors. You may not copy, reproduce, lease, loan, sell content, post on any other Website, republish, upload, encode, modify, translate, publicly perform or display, commercially exploit, distribute or transmit any portion of this Website or make any derivative works from this Website in any way without the express prior written consent of Bluebird Studio Arts.
Any name, logo, trademark, service mark, patent, design, copyright, domain name, video, graphics, photographs, or other intellectual property appearing on this Website is owned or licensed by Bluebird Studio Arts or its parents, affiliates, or subsidiaries and may not be used by You without the prior written consent of Bluebird Studio Arts or the appropriate owner. Except as expressly provided in the Agreement nothing contained in this Agreement or on the Website shall be construed as conferring any other license, right, title, interest or license to any such intellectual property appearing on this Website. Any unauthorized use of the content of this Website may subject You to civil or criminal penalties.
Bluebird Studio Arts maintains this Website for Your personal purchases, entertainment, information and education. You should feel free to browse the Website. However, all copying (whether electronic, hard copy, or other format) is prohibited and may breach intellectual property laws and other laws worldwide. All commercial use of all or part of this Website is prohibited except under Bluebird Studio Arts' express written consent. All rights not expressly granted here are reserved to Bluebird Studio Arts.
You may not use any computer program tools, including, but not limited to, meta tags or other hidden text, web spiders, bots, indexers, robots, crawlers, harvesters, or any other automatic device, program, algorithm, or methodology, or any similar equivalent process ("Tools") to access, acquire, copy or monitor any portion of the Website or content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content, to obtain or attempt to obtain materials, documents or information through any means not purposely made available through the Website. Tools that use the Website shall be considered agents of the individuals who control or author them.
Bluebird Studio Arts DOES NOT REPRESENT THAT THIS WEBSITE OR ANY CONTENT, SERVICE OR FEATURE OF THIS WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THIS WEBSITE WILL PROVIDE SPECIFIC RESULTS. THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ACCURACY.
Bluebird Studio Arts assumes no responsibility, and shall not be liable for any damages caused by viruses or other forms on contamination or destructive features that may affect Your computer equipment, software, data or other property on account of Your access to, use of, or browsing in the Website or Your downloading of any materials, text, images, video or audio from the Website or any linked Websites.
Product Representations. Bluebird Studio Arts reserves the right, without prior notice, to discontinue or change specifications and prices on products without incurring any obligation to You. Bluebird Studio Arts takes reasonable precautions to try to ensure that the prices quoted on the Website are correct, and to describe the items available on the Website as accurately as possible and to depict the most up to date packaging. However, when ordering products, please note that Bluebird Studio Arts does not warrant that product descriptions are accurate, complete, reliable, current, or error-free, or that product packaging depicted on the Website will match the actual product that You receive. If a product described on the Website is not as described when You receive it, or the packaging on the Website does not match the product You receive, Your sole remedy is to return it to us in an unused and undamaged condition in accordance with our Return Policy which is listed on the Website under Customer Service. Bluebird Studio Arts' descriptions of, or references to, products not owned by Bluebird Studio Arts do not imply endorsement of that product, or constitute a warranty by Bluebird Studio Arts.
Pricing Errors and Omissions. Please be aware that prices, availability and other purchase terms are subject to change without prior notice. We make every effort to ensure the accuracy of the information on the Website and to correct errors once discovered. Bluebird Studio Arts reserves the right to revoke any stated offer to correct any errors, inaccuracies, or omissions, including after an order has been submitted, after it has been confirmed, or after Your credit card has been charged. If we discover an error has occurred after Your credit card has been charged and Your order is canceled as a result of the error, Your credit card will be refunded the full amount of Your order.
Order Placement and Acceptance. If You order a product, payment must be received by Bluebird Studio Arts prior to Bluebird Studio Arts’ acceptance of the order. Bluebird Studio Arts may require additional information regarding Your order if You have not provided all of the information required, and may cancel or limit an order any time after it has been placed.
Your order is expressly conditioned on acceptance of this Agreement. Once a properly completed order, Your authorization and a form of payment has been received, we will promptly locate the item(s) You have ordered to place them in line for shipment. All items are subject to availability. We will promptly inform You if the product(s) You have ordered are not available and we may offer You alternative product(s) of equal quality and value.
Bluebird Studio Arts does not accept orders from dealers, wholesalers, or customers who intend to resell items offered on the Website. If Bluebird Studio Arts discovers that You are placing orders with the intent to resell items offered on the Website, we will immediately cancel Your order, suspend or terminate Your account, and pursue any and all available legal remedies from You under applicable law. To the extent Your conduct may be fraudulent, such as purchasing products through the use of fake or stolen cards, Bluebird Studio Arts will also report You to federal, state and/or local enforcements authorities.
Shipping and Risk of Loss. Bluebird Studio Arts will add applicable shipping and handling fees to Your order. Unless otherwise noted, Bluebird Studio Arts will use commercially reasonable efforts to ship products within a reasonable time after receipt of Your properly completed order. Although Bluebird Studio Arts may provide delivery or shipment timeframes or dates, You understand that those are Bluebird Studio Arts' good-faith estimates and may be subject to change. You further understand that product availability may be limited and particular products may not be available for immediate delivery, in which case the products will be delivered when they become available. If Your order will be delayed (either from the date specified at the time of order or, if no date was specified, beyond 30 days from the date of Your order, Bluebird Studio Arts will use reasonable good faith efforts to contact You. If Bluebird Studio Arts cannot contact You or You no longer wish to receive the item, Bluebird Studio Arts will cancel the order and promptly refund the amount tendered, and will do so within 10 business days if made using third-party credit card, such as a Visa or Mastercard. Bluebird Studio Arts shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery. All items purchased from the Website are delivered to shipment carriers. The risk of loss and title for such items pass to You upon our delivery to the carrier. Bluebird Studio Arts may reject orders where the stated delivery address is outside the United States.
Sales Tax. In the United States, Bluebird Studio Arts is required to collect applicable state and local sales tax on orders shipped to certain states. Taxes apply to most merchandise, but some states exclude certain items, like food products. Some taxing authorities also require the taxable amount to include any shipping and handling charges, while others charge sales tax only on merchandise. Bluebird Studio Arts is required to follow the rules of each state. Your final order total will include the appropriate state and local taxes.
Payment Information. In ordering products through the Website, by telephone, or otherwise, You agree to provide only true, accurate, current, and complete payment information. By placing an order, You represent and warrant that You will only provide payment information which is Yours or for which You are authorized to provide. Bluebird Studio Arts shall have the right to cancel Your order or to suspend or terminate Your account if we have grounds to believe that You have provided inaccurate, not current, fraudulent, or incomplete payment information to Bluebird Studio Arts, or for any other reason that we, in our sole discretion, deem appropriate. You agree that Your placement of an electronic order on the Website is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required.
International Orders. Bluebird Studio Arts does not directly sell certain Bluebird Studio Arts products in any jurisdiction other than the United States of America, as these products may not be approved for sale in other jurisdictions. While Bluebird Studio Arts may choose to accept orders for the purchase of its products from non-U.S. residents, the acceptance of such orders and the sale of such products will be subject to the following conditions:
(a)You agree that the purchase of any Bluebird Studio Arts products by You, as a non-U.S. resident, shall be (i) ex works Bluebird Studio Arts' facilities in the United States per Incoterms 2010, with all title risk and loss in the products passing to You in the United States; and (ii) for Your own personal use only and not for further resale or distribution in any manner;
(b) You hereby expressly authorize and direct Bluebird Studio Arts to load and ship the purchased products to Your shipping address, and to contract on Your behalf with a courier company for that purpose; and,
(c) You are the principal importer of record and will undertake responsibility for all applicable taxes, shipping, customs clearance, duties and import requirements from Bluebird Studio Arts' facilities in the United States to Your foreign shipping address.
For Canadian Orders only: By ordering goods from Bluebird Studio Arts, You hereby authorize a licensed Canadian customs broker chosen by Bluebird Studio Arts to act as Your agent, and to transact business with Canada Border Services Agency (CBSA) to clear Your merchandise, account for applicable duties and taxes, to return merchandise to Bluebird Studio Arts and prepare and submit refund claims on Your behalf for any merchandise that You return. You understand that CBSA will send any refund of duties and taxes that were paid on the returned merchandise to the customs broker, and that You will obtain the refund directly from Bluebird Studio Arts. You also authorize the customs broker to endorse any refund check issued by CBSA in Your name so that Bluebird Studio Arts can be reimbursed.
Return/Refund Policy. You may return items in accordance with the Return Policy instructions that accompany Your product shipments or, if You are uncertain about Your right to return the product, You may also call Customer Service for assistance. Bluebird Studio Arts will refund Your payment when Your product is timely returned or cancelled, and within 10 business days of our receipt of the returned product in its original condition at time we fulfill your order, if purchased using third-party credit, such as a Visa or Mastercard. To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging. To complete your return, we require a receipt or proof of purchase. Please send us an email at email@example.com and send your item to: 1278 Glenneyre St. #272, Laguna Beach, California US 92651.
In no event shall Bluebird Studio Arts, its parents, affiliates, subsidiaries or service providers, its licensors, or the officers, directors, employees, shareholders, or agents of each of them, be liable for any damages of any kind, including without limitation any direct, special, incidental, indirect, exemplary, punitive or consequential damages, including lost profits, whether or not advised of the possibility of such damages, and on theory of liability what so ever, arising out of or in connection with the use or performance of, or Your browsing in, or Your links to other Websites from, this Website. You acknowledge by Your use of this Website, that Your use of this Website is at Your sole risk. Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages: if these apply to You, some or all of the above disclaimers may not apply, and You might have additional rights.
You agree to defend, indemnify and hold Bluebird Studio Arts harmless from and against any and all claims, damages, costs and expenses, including reasonable attorney's fees, arising from or related to Your use of the Website.
You must only use this Website for lawful purposes, and You must not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Website. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law. Bluebird Studio Arts will fully cooperate, including but not limited to, maintaining and disclosing any transmittals or communications that You have had with this Website, disclosing Your identity or helping to identify You, with any applicable law or regulation, law enforcement authorities, court order, or governmental authority.
Any communication or material You transmit to the Website by email or otherwise, including data, questions, comments, or suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Bluebird Studio Arts cannot prevent the harvesting of information from this Website, and You may be contacted by Bluebird Studio Arts or unrelated parties, by email or otherwise, within or outside of this Website. Anything You transmit may be edited by or on behalf of Bluebird Studio Arts, may or may not be posted to this Website at the sole discretion of Bluebird Studio Arts and may be used by Bluebird Studio Arts or its affiliates for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Bluebird Studio Arts is free to use any ideas, concepts, know-how, or techniques contained in any communication You send to the Website for any purpose what so ever including, but not limited to, creating, developing, and printing and marketing products use of such information. If You transmit any ideas, concepts, materials or other communications to the Website, You accept that it will not be treated as confidential and may be used by Bluebird Studio Arts without compensation in any manner whatsoever, including without limitation to reproduction, transmission, publication, marketing, product development, etc.
Although Bluebird Studio Arts may from time to time monitor or review discussion, chats, postings, transmissions, and bulletin boards, and the like on the Website, Bluebird Studio Arts is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations, on the Website. Bluebird Studio Arts assumes no responsibility or liability for any actions or communications by You or any related third party within or outside of this Website.
You verify that any contact information provided to Bluebird Studio Arts, including, but not limited to, Your mailing address, shipping address, email address, residential phone number, and mobile phone number is true and accurate. You further verify that You are the telephone subscriber and/ or You own any telephone numbers that You provide to Bluebird Studio Arts. You acknowledge that by voluntarily providing Your telephone numbers to Bluebird Studio Arts, You expressly agree to be contacted at the telephone numbers You provide. You acknowledge that telephone calls to or from Bluebird Studio Arts may be monitored and recorded and You agree to such monitoring and recording.
It is Bluebird Studio Arts’ policy to respect the copyright and intellectual property rights of others. Bluebird Studio Arts may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, Bluebird Studio Arts may terminate access by users who appear to infringe the copyright or other intellectual property rights of others. Further, Bluebird Studio Arts complies with the Digital Millennium Copyright Act. If You believe in good faith that Your work has been copied in a way that constitutes copyright infringement, please provide a Notice with the following information to the Website's Copyright Agent:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A detailed description of the copyright work that You claim has been infringed;
3. A description of precisely where the material that You claim is being infringed is located on the Website;
4. Your address, telephone number, and email address;
5. A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
6. A statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.
Please direct inquiries regarding infringement issues by email to: firstname.lastname@example.org
At its sole discretion, Bluebird Studio Arts may modify or suspend the Website, or may modify or terminate Your account or Your access to this Website, for any reason, with or without notice to You and without liability to You or any third party. In the event of any termination of Your use of or access to the Website, You agree that the provisions of the Agreement regarding protection of intellectual property rights and license, indemnification, disclaimer regarding information provided on the website, disclaimer of warranties with respect to use of the website, limitation on Bluebird Studio Arts’ liability, dispute waiver shall survive any such termination.
Descriptions of, or references to, products, publications or Websites not owned by Bluebird Studio Arts or its affiliates do not imply endorsement of that product, publication, or Website. Bluebird Studio Arts has not reviewed all material linked to the Website and is not responsible for the content of any such material. Your linking to any other Websites is at Your own risk.
This Website shall be governed by, and Your browsing in and use of the Website shall be deemed acceptance of and consent to, the laws of the State of California, United States of America, without regard to principles of conflict of laws. Notwithstanding the foregoing, this Website may be viewed internationally and may contain references to products or services not available in all countries. References to a particular product or service does not imply that they are appropriate or available to all persons of legal purchasing age in all locations, or that Bluebird Studio Arts intends to make such products or services available in such countries. Any offer for any product, feature, service, or application made on this Website is void where prohibited. Your information will be transferred to Bluebird Studio Arts in the United States, which may be outside of Your own country, and by providing us with Your information, You are consenting to such transfer. Although we will use all reasonable efforts to safeguard the confidentiality of any personal information collected, we will not be liable for disclosure of personal information obtained due to errors in transmission or the unauthorized acts of third parties.
Effective April 10, 2016
Bluebird Studio Arts may use the information that You provide to fulfill Your request for a product, information, or other service, or respond to an email or other request, as well as to create and deliver to You our newsletters or surveys, communications containing product information, usage tips or promotions, help improve our website or services, or customize visitors' experience at our Website.
We want to communicate with You via email correspondence only if You want to hear from us. If for any reason You would no longer like to receive email messages from Bluebird Studio Arts, You can email email@example.com with the subject line “UNSUBSCRIBE” from the subscribed email address to remove Yourself. In addition, if You do not want us to share Your personal information with third party organizations, You can email us at firstname.lastname@example.org to remove Yourself. Please allow up to 10 days for us to process Your request.
Please note, if You opt not to receive marketing emails from Bluebird Studio Arts, You may still receive "Transactional" email messages regarding Your order (i.e. order confirmation, shipping information, customer service notifications, etc.) If You have questions or concerns regarding this statement, please contact us at email@example.com
We may contract with companies or individuals to provide certain services including email and hosting services, credit card processing, shipping, data management, surveys and marketing, promotional services, to assist in preventing or deterring fraud, etc. We call them our Service Providers. We may share personally identifiable information with Service Providers solely as appropriate for them to perform their functions, but they may not use such information for any other purpose.
We do not share Your credit card information with unaffiliated third parties unless You authorize us to do so, or if it is necessary to fulfill our responsibilities including, but not limited to, delivering a product or service that You order.
Finally, Bluebird Studio Arts may in its sole discretion disclose personal information in special cases: (1) when we have reason to believe that disclosing this information is necessary to identify, contact, or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) the rights of Bluebird Studio Arts or to anyone that could be harmed by such activities; (2) when we believe in good faith that the law requires it; (3) to any third party who may acquire the Bluebird Studio Arts; and (4) in situations involving threats to the physical safety of any person.
For any transactions on Bluebird Studio Arts which require a credit card or debit card, Bluebird Studio Arts may store the last four digits of the credit/debit card number, the expiration date, and the buyer's name. We do NOT store the full credit card number, pin number, CVV2 number, or any full-track data.
Bluebird Studio Arts member accounts, including both buyers and sellers, are secured by member-created passwords. Bluebird Studio Arts takes precautions to ensure that member account information is kept private. We use reasonable measures to protect member information that is stored within our database, and we restrict access to member information to those employees who need access to perform their job functions, such as our customer service personnel and technical staff. Please note that we cannot guarantee the security of member account information.
Like almost every website, our Websites may be accessed by an international audience. By visiting our Websites and providing us with data, You acknowledge and agree that Your personal information may be processed for the purposes identified in this policy. In addition, such data may be stored on servers located outside Your resident jurisdiction and in jurisdictions which may have less stringent privacy practices than Your own. By providing us with Your data, You consent to the transfer of such data.
California Civil Code Section 1798.83 permits customers of Bluebird Studio Arts who are California residents to request and obtain from us once a year, free of charge, information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding twelve calendar months. If You are a California resident and would like to make such a request, please submit Your request in writing to:
Bluebird Studio Arts
1278 Glenneyre St. – Suite #272
Laguna Beach, California 92651
Attn: California Privacy Rights