SITE POLICIES REGARDING YOUR PRIVACY AND TERMS OF SALE
ofthebirds.com grants visitors to our Website a limited, non-exclusive, and non-transferable license to access, visit, and make personal use of the contents of our Website, but not to download any portion of the Website. The limited license does not permit your resale or commercial use of our Website, nor does it permit you to collect or use our product listings, descriptions, or prices included therein, nor does it permit any derivative use of our Website. You may not use framing techniques, meta tags, or similar technologies with respect to the Website, our trademarks, or other proprietary information.
This limited license is terminated upon any unauthorized use of our Website. You are responsible for any damages or other harm arising out of your unauthorized use of our Website and its content. Language of the Birds LLC. will not be liable for any use of the Website and its content made by you which violates applicable laws and regulations, and our Website Policies.
ACCEPTANCE OF YOUR ORDER
Upon your placement of an order through our Website, we will send you an email providing details of your purchase. Acceptance of an order is not complete until the order has been packed for shipment. A transaction contract is completed upon our dispatch of an order for shipment, at which time we will send you an email confirming shipment and provide tracking information. This transaction contract is completed in the State of New York.
ofthebirds.com accepts payment made via Stripe and any other methods which are advertised on our Website. Payment will be charged upon completion of packing for shipment. If an item ordered is temporarily out of stock, customers will be notified immediately by email and will not be charged until an item has become available and is packed for shipment. If an item is out of stock and is not expected to become available, customers will be notified immediately by email and will not be charged. All payment transactions on this website are processed by a secure online payment agent that encrypts your credit card details in a secure hosted environment.
Order tracking is provided via email notifications.
RETURNS, EXCHANGES, GIFT RETURNS, REFUNDS, AND LATE RETURNS
Please see our Customer Service Policies by clicking here.
Products offered for sale through our Website are only for personal use, and not for resale. By placing an order through our Website, you certify that you are purchasing our products for your personal use only and not for resale. We reserve the right to refuse orders which, we reasonably believe, are intended for resale.
Prices listed on our Website do not include sales tax. We are required by law to charge sales tax in applicable jurisdictions. Any sales tax charged will be calculated and displayed for your approval prior to final confirmation of your order.
SALE PRICE ADJUSTMENT
Full price items purchased up to 7 days before the beginning of a Website sale are eligible for a one-time price adjustment. If a sale price adjustment is approved, a credit will be granted to your account for use on your next purchase. Price adjustments are not available for goods purchased at discounted or sale prices, regardless of whether the item has since been further marked down. Price adjustments are not available for items purchased elsewhere.
All content on our Website, including but not limited to images, product descriptions, drawings, figures, logos, menus, webpages, graphics, colors, fonts, schemes, layouts, processes, functions, and software (collectively "Content) is the property of Language of the Birds, and is protected by domestic and international copyright, and other intellectual property laws. Publication, reproduction, distribution, or modification of our Content, in whole or in part, is forbidden without the express written consent of Language of the Birds.
If you believe that your work has been infringed by use or depiction on our Website, please contact our copyright agent by e-mail at email@example.com. So that we can properly evaluate your claim, please include the following: (i) a description of the work that you claim has been infringed; (ii) a description of the allegedly infringing material on our Website; (iii) a statement that you are either the copyright owner, or authorized to act on behalf of the copyright owner; and (iv) your name, address, telephone number, and e-mail address.
Language of the Birds and ofthebirds.com (collectively "Marks") are registered trademarks, trademarks, or trade dress of Language of the Birds in the United States and/or other countries. Except with prior written approval, Language of the Birds does not give permission to use the Marks in connection with any product or service. The Marks may not be copied, imitated or used, in whole or in part, without Language of the Birds, LLC's prior written consent. All other trademarks not owned by Language of the Birds, LLC. that appear on this site are the property of their respective owners, and are used with permission.
Language of the Birds makes no representation or warranty of any kind, including the warranty of merchantability, fitness for a particular purpose, reliability, accuracy, non-infringement and the like, in connection with the use of our Website. The Website is provided by Language of the Birds on an "As Is" and "As Available" basis. We make no warranty or representation that our Website will be continuous, uninterrupted, timely, secure, or error-free. From time to time, our Website may be unavailable due to maintenance or other reasons. Language of the Birds makes no representations that our Website or sites that may be linked to it or from it are free from error.
You agree that we shall not be responsible for any defect, delay in transmission, deletion, error, or interruption of transactions or communications. You expressly agree that your use of our Website is at your sole risk. Language of the Birds will not be responsible for any technical malfunctions or other problems with any computer system, servers, or communication provider, software, or failures resulting from technical problems or Internet traffic congestion, including injury or damage to your computer, or other hardware or software related to or resulting from using or visiting our Website. Language of the Birds cannot guarantee that the use of our Website, our servers, or e-mail sent from our Website will be free of viruses or other harmful components.
LIMITATIONS ON LIABILITY
Language of the Birds will not be liable for any direct, indirect, consequential, incidental, special, or punitive damages arising out of or relating to: (i) your use of our Website; (ii) your use of any site linked to or from our Website; (iii) information made available to you on or through our Website; (iv) or in connection with the purchase or use of any other products or services.
YOU EXPRESSLY AGREE THAT LANGUAGE OF THE BIRDS (INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS) SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LANGUAGE OF THE BIRDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, INCLUDING WITHOUT LIMITATION, ITS TERMINATION OR SUSPENSION, YOUR ACCOUNT, OR THIS AGREEMENT. IN NO EVENT WILL LANGUAGE OF THE BIRDS, LLC.'S TOTAL CUMULATIVE DAMAGES EXCEED ONE HUNDRED DOLLARS ($100.00).
If any problems arise with our Website or its Content, you agree that your only remedy is to stop using our Website. If you have any problems with products or services purchased through our Website, then you agree that your only remedy is an exchange or refund of your purchase price in accordance with our Return Policy.
By purchasing products or services from our Website, you agree to indemnify and otherwise hold harmless Language of the Birds, its officers, directors, shareholders, employees and agents from any direct, indirect, incidental, special, consequential or exemplary damages arising out of or relating to your use of our Website, including, but not limited to your breach of our Website Policies.
GOVERNING LAW; JURISDICTION; STATUTE OF LIMITATIONS
This agreement will be governed by and interpreted in accordance with the laws of the State of New York, without regard to conflict of laws principles. Any legal action arising out of or relating to Website Policies must be commenced within one year from the date the cause of action accrued, and will be subject to the exclusive jurisdiction of the state or federal courts located in New York County, State of New York, and you hereby consent to the personal jurisdiction of these courts.
If any provision of our Website Policies are found to be unenforceable, all other provisions will remain in full force.
We strive to provide an enjoyable shopping experience through our Website. Should you ever have questions about our Website Policies, please send an e-mail to firstname.lastname@example.org. If you need assistance regarding order status, shipping, returns, or refunds, please contact us at email@example.com. If you still have questions or concerns, please contact us at firstname.lastname@example.org.