TERMS OF USE

1. Binding Effect

This is a binding agreement. By using the website located at www.blackberrydesignsjewelry.com (the “Site”) or any services provided in connection with the Site (the “Service”), you agree to abide by these Terms of Use, as they may be amended by  Southern Blackberry Designs  (“Company”) from time to time in its sole discretion.

It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.Among other things, Southern Blackberry Designs provides information concerning various products and services and the opportunity to obtain additional information concerning those products and services or to purchase them. These Terms and the information provided in Southern Blackberry Designs in no way override the terms and conditions of your purchase of any product or service except as specifically provided herein. To the extent any area within Southern Blackberry Designs contains specific terms and conditions concerning its use ("Specific Terms"), those Specific Terms are in addition to these Terms. To the extent there is a direct conflict between these Terms and the Specific Terms, the Specific Terms shall prevail.

2. Changes in Terms

Southern Blackberry Designs shall have right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the Site. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on the Site. You are responsible for reviewing the Site periodically for any modification to this Agreement that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any modification by Southern Blackberry Designs to these Terms. ANY ACCESS OR USE OF THIS SITE BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH REVISIONS OR ADDITIONS. No modification to these Terms by any party other than Southern Blackberry Designs shall be valid or enforceable against Southern Blackberry Designs unless expressly agreed to by Southern Blackberry Designs in a writing signed by a duly authorized agent of Southern Blackberry Designs.

3. Termination

These Terms are effective until terminated by Southern Blackberry Designs. Southern Blackberry Designs may terminate these Terms without notice and at any time. In the event of termination, you are no longer authorized to access the Site and the restrictions imposed on you with respect to the Content, and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination. Southern Blackberry Designs shall also have the right without notice and at any time to terminate the Site or any portion thereof, or any products or services offered through the Site, or to terminate any individual's right to access or use the Site or any portion thereof.

4. Compliance with Laws

You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site and your purchase of the items on Southern Blackberry Designs.

5. Content

The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided on the Site, as well as the selection, assembly and arrangement thereof, are referred to collectively as the "Content." The Content may contain errors, omissions, or typographical errors or may be out of date. Southern Blackberry Designs may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on Southern Blackberry Designs in any way except to the extent it is specifically indicated to be so. Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by Southern Blackberry Designs or by third parties that have licensed their use by Southern Blackberry Designs. You may view and use the Content only for your personal information and for shopping and ordering on the Site. Except as provided in the foregoing, Southern Blackberry Designs does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through Southern Blackberry Designs, including without limitation by transferring, downloading or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in writing signed by Southern Blackberry Designs, is strictly prohibited.

6. Copyright

All contents of Site or Service are: Copyright © 2013 Southern Blackberry Designs. All rights reserved. With your purchase, you receive the right to use these images for your personal crafts or to alter them to sell, for example in cards or jewelry. Basically, you can do almost anything (legal) with the image except actions that compete with my business or make it easy for another person to have the image.

By purchasing an item on the Site you agree not to: (1) Reproduce our collage sheets for resale on printed media (example: cardstock, paper, transparencies, transfer sheets) or digital media (example: DVD, Scanners, Digital); (2) You cannot use them or sell them as part of design elements such as collage sheets, image CDs, digital compilations, scrapbooking kits, image downloads, image transfers, waterslide decals, or any similar forms; (3) Make the item available in such a way that someone could steal the image--for example, if you would like to put it up on a website, it must be small (200 pixels on the largest side) and/or heavily altered and watermarked; or (4) Use the item in mass production. If you would like to use the image more than 100 times, contact the Company for a separate commercial license.

 7. Linked 3rd Party Sites

Links to other Internet sites operated by third parties, including Southern Blackberry Designs vendors, do not constitute sponsorship, endorsement, or approval by Southern Blackberry Designs of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by Southern Blackberry Designs, and Southern Blackberry Designs is not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk.

8. Prices; Orders

All prices displayed on Southern Blackberry Designs are quoted in U.S. dollars. Southern Blackberry Designs may restrict delivery to addresses within the United States. Southern Blackberry Designs will add shipping and handling fees and applicable sales/use tax. Southern Blackberry Designs reserves the right without prior notice to discontinue or change specifications and prices on products and services offered on the Site without incurring any obligation to you. Products displayed on this site are available while supplies last. Descriptions of, or references to, products or services on the site do not imply endorsement of that product or service, or constitute a warranty by Southern Blackberry Designs. The receipt by you of an order confirmation does not constitute Southern Blackberry Designs' acceptance of an order. Prior to Southern Blackberry Designs 's acceptance of an order, verification of information may be required. Southern Blackberry Designs reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from Southern Blackberry Designs, for any reason. Southern Blackberry Designs reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification. In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, Southern Blackberry Designs shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Southern Blackberry Designs shall promptly issue a credit to your credit card account in the amount of the incorrect price.

 9. Prohibited Uses

Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited email, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any email or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.

 10. Disclaimer and Limitation as to Liability, as to this site, products, content and services

SOUTHERN BLACKBERRY DESIGNS MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE SOUTHERN BLACKBERRY DESIGNS SITE OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION AND MATERIALS. SOUTHERN BLACKBERRY DESIGNS ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF SOUTHERN BLACKBERRY DESIGNS OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT SOUTHERN BLACKBERRY DESIGNS OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON THIS SITE IS PROVIDED TO USERS "AS IS," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT, SECURITY OR ACCURACY. THE "AS IS" CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF SOUTHERN BLACKBERRY DESIGNS. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. UNDER NO CIRCUMSTANCES SHALL SOUTHERN BLACKBERRY DESIGNS, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE SOUTHERN BLACKBERRY DESIGNS' SITE OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF SOUTHERN BLACKBERRY DESIGNS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BRIGHOTN’S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM. We want you to be completely satisfied with your Southern Blackberry Designs purchase. If for any reason you are not entirely pleased with a product you purchased on the Site, simply return the item within 60 days of receipt for exchange or full refund of the purchase price (minus shipping). Refunds will be issued in the same method as the order was paid.

11. Indemnification

You agree to defend, indemnify, and hold harmless Southern Blackberry Designs, Southern Blackberry Designs' agents and vendors, and their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys' fees and court costs), arising out of or relating to your breach of these Terms or your access to or use of the Site. The foregoing indemnification obligation shall survive termination of these Terms and Southern Blackberry Designs and any product or service provided to you arising out of or relating to your use of the Site. 

 12. Governing Law

These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Escondido, California, USA in all disputes arising out of or related to the use of the Site or Service.

 

 13. Severability; Waiver

If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

  14. No License

Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.

  15. Calfornia Use Only

The Site is controlled and operated by Southern Blackberry Designs from its offices in the State of California. Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Southern Blackberry Designs purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.