Welcome to The Birdhouse,
The Birdhouse and its affiliates provide their services to
you subject to the following conditions. If you visit or shop at The Birdhouse, you accept these conditions. Please read them carefully. In
addition, when you use any current or future The Birdhouse
service (e.g., Friends & Favorites, e-Cards, Auctions, and Honor System) or
visit or purchase from any business affiliated with The Birdhouse, whether or not included in the The Birdhouse Web site,
you also will be subject to the guidelines and conditions applicable to such service
or business.
PRIVACY Please review our Privacy Notice, which also governs
your visit to The Birdhouse, to understand our practices.
ELECTRONIC COMMUNICATIONS When you visit The Birdhouse or
send e-mails to us, you are communicating with us electronically. You consent
to receive communications from us electronically. We will communicate with you
by e-mail or by posting notices on this site. You agree that all agreements,
notices, disclosures and other communications that we provide to you electronically
satisfy any legal requirement that such communications be in writing.
COPYRIGHT All content included on this site, such as text,
graphics, logos, button icons, images, audio clips, digital downloads, data
compilations, and software, is the property of The Birdhouse or its content
suppliers and protected by United States and international copyright laws. The
compilation of all content on this site is the exclusive property of The Birdhouse
and protected by U.S. and international copyright laws. All software used on
this site is the property of The Birdhouse or its software suppliers and protected
by United States and international copyright laws.
LICENSE AND SITE ACCESS The Birdhouse grants you a limited
license to access and make personal use of this site and not to download (other
than page caching) or modify it, or any portion of it, except with express written
consent of The Birdhouse. This license does not include any resale or commercial
use of this site or its contents; any collection and use of any product listings,
descriptions, or prices; any derivative use of this site or its contents; any
downloading or copying of account information for the benefit of another merchant;
or any use of data mining, robots, or similar data gathering and extraction
tools. This site or any portion of this site may not be reproduced, duplicated,
copied, sold, resold, visited, or otherwise exploited for any commercial purpose
without express written consent of The Birdhouse. You may not frame or utilize
framing techniques to enclose any trademark, logo, or other proprietary information
(including images, text, page layout, or form) of The Birdhouse and our affiliates
without express written consent. You may not use any meta tags or any other
"hidden text" utilizing The Birdhouse's name or trademarks without
the express written consent of The Birdhouse. Any unauthorized use terminates
the permission or license granted by The Birdhouse. You are granted a limited,
revocable, and nonexclusive right to create a hyperlink to the home page of
The Birdhouse so long as the link does not portray The Birdhouse, its affiliates,
or their products or services in a false, misleading, derogatory, or otherwise
offensive matter. You may not use any The Birdhouse logo or other proprietary
graphic or trademark as part of the link without express written permission.
YOUR ACCOUNT If you use this site, you are responsible for
maintaining the confidentiality of your account and password and for restricting
access to your computer, and you agree to accept responsibility for all activities
that occur under your account or password. The Birdhouse does sell products
for children, but it sells them to adults, who can purchase with a credit card.
If you are under 18, you may use The Birdhouse only with involvement of a parent
or guardian. The Birdhouse and its affiliates reserve the right to refuse service,
terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT Visitors
may post reviews, comments, and other content; send e-cards and other communications;
and submit suggestions, ideas, comments, questions, or other information, so
long as the content is not illegal, obscene, threatening, defamatory, invasive
of privacy, infringing of intellectual property rights, or otherwise injurious
to third parties or objectionable and does not consist of or contain software
viruses, political campaigning, commercial solicitation, chain letters, mass
mailings, or any form of "spam." You may not use a false e-mail address,
impersonate any person or entity, or otherwise mislead as to the origin of a
card or other content. The Birdhouse reserves the right (but not the obligation)
to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise,
you grant The Birdhouse and its affiliates a nonexclusive, royalty-free, perpetual,
irrevocable, and fully sublicensable right to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, and display such
content throughout the world in any media. You grant The Birdhouse and its affiliates
and sublicensees the right to use the name that you submit in connection with
such content, if they choose. You represent and warrant that you own or otherwise
control all of the rights to the content that you post; that the content is
accurate; that use of the content you supply does not violate this policy and
will not cause injury to any person or entity; and that you will indemnify The
Birdhouse or its affiliates for all claims resulting from content you supply.
The Birdhouse has the right but not the obligation to monitor and edit or remove
any activity or content. The Birdhouse takes no responsibility and assumes no
liability for any content posted by you or any third party.
COPYRIGHT COMPLAINTS The Birdhouse and its affiliates respect
the intellectual property of others. If you believe that your work has been
copied in a way that constitutes copyright infringement, please email us at:
store@thebird-house.com and we will investigate the issue.
RISK OF LOSS All items purchased from The Birdhouse are made
pursuant to a shipment contract. This means that the risk of loss and title
for such items pass to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS The Birdhouse and its affiliates attempt
to be as accurate as possible. However, The Birdhouse does not warrant that
product descriptions or other content of this site is accurate, complete, reliable,
current, or error-free. If a product offered by The Birdhouse itself is not
as described, your sole remedy is to return it in unused condition.
PRICING Except where noted otherwise, the List Price displayed
for products on our website represents the full retail price listed on the product
itself, suggested by the manufacturer or supplier, or estimated in accordance
with standard industry practice. The List Price is a comparative price estimate
and may or may not represent the prevailing price in every area on any particular
day. For certain items that are offered as a set, the List Price may represent
"open-stock" prices, which means the aggregate of the manufacturer's
estimated or suggested retail price for each of the items included in the set.
Where an item is offered for sale by one of our merchants, the List Price may
be provided by the merchant. With respect to items sold by The Birdhouse, we
cannot confirm the price of an item until you order; however, we do NOT charge
your credit card until after your order has entered the shipping process. Despite
our best efforts, a small number of the items in our catalog may be mispriced.
If we discover a mispricing, we will do one of the following: " If an item's
correct price is lower than our stated price, we will charge the lower amount
and ship you the item. " If an item's correct price is higher than our
stated price, we will, at our discretion, either contact you for instructions
before shipping or cancel your order and notify you of such cancellation. Please
note that this policy applies only to products sold and shipped by The Birdhouse.
Your purchases from third-party sellers using The Birdhouse Payments are charged
at the time you place your order, and third-party sellers may follow different
policies in the event of a mispriced item.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED
BY The Birdhouse ON AN "AS IS" AND "AS AVAILABLE"
BASIS. The Birdhouse MAKES NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION,
CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY
APPLICABLE LAW, The Birdhouse DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. The Birdhouse DOES
NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM The Birdhouse ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. The Birdhouse WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM
THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL,
PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS
ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF
THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. APPLICABLE
LAW
By visiting The Birdhouse, you agree that the laws of the state of Michigan,
without regard to principles of conflict of laws, will govern these Conditions
of Use and any dispute of any sort that might arise between you and The Birdhouse
or its affiliates. DISPUTES Any dispute relating in any way to your visit to
The Birdhouse or to products you purchase through The Birdhouse shall be submitted
to confidential arbitration in Freeland, Michigan, except that, to the extent
you have in any manner violated or threatened to violate The Birdhouse's intellectual
property rights, The Birdhouse may seek injunctive or other appropriate relief
in any state or federal court in the state of Michigan, and you consent to exclusive
jurisdiction and venue in such courts. Arbitration under this agreement shall
be conducted under the rules then prevailing of the American Arbitration Association.
The arbitrator's award shall be binding and may be entered as a judgment in
any court of competent jurisdiction. To the fullest extent permitted by applicable
law, no arbitration under this Agreement shall be joined to an arbitration involving
any other party subject to this Agreement, whether through class arbitration
proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY Please review
our other policies, such as our Privacy Policy, posted on this site. These policies
also govern your visit to The Birdhouse. We reserve the right to make changes
to our site, policies, and these Conditions of Use at any time. If any of these
conditions shall be deemed invalid, void, or for any reason unenforceable, that
condition shall be deemed severable and shall not affect the validity and enforceability
of any remaining condition.
OUR ADDRESS:
The Birdhouse
117 S. Main, Suite 1A
Freeland, MI 48623
|
