Terms & Conditions
Terms & Conditions
CONDITIONS OF USE
Welcome to our online
store! BIRCHWOOD STUDIO AND EVENTS and its associates provide their services to
you subject to the following conditions. If you visit or shop within this
website, you accept these conditions. Please read them carefully. ​
PRIVACY
Please review our
Privacy Notice, which also governs your visit to our website, to understand our
practices.
ELECTRONIC
COMMUNICATIONS
When you visit BIRCHWOOD
STUDIO AND EVENTS 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 BIRCHWOOD
STUDIO AND EVENTS or its content suppliers and protected by international
copyright laws. The compilation of all content on this site is the exclusive
property of BIRCHWOOD STUDIO AND EVENTS, with copyright authorship for this
collection by BIRCHWOOD STUDIO AND EVENTS, and protected by international
copyright laws.
TRADE MARKS
BIRCHWOOD STUDIO AND
EVENTS trademarks and trade dress may not be used in connection with any
product or service that is not BIRCHWOOD STUDIO AND EVENTS, in any manner that
is likely to cause confusion among customers, or in any manner that disparages
or discredits BIRCHWOOD STUDIO AND EVENTS. All other trademarks not owned by BIRCHWOOD
STUDIO AND EVENTS or its subsidiaries that appear on this site are the property
of their respective owners, who may or may not be affiliated with, connected
to, or sponsored by BIRCHWOOD STUDIO AND EVENTS or its subsidiaries.
LICENSE AND SITE
ACCESS
BIRCHWOOD STUDIO AND
EVENTS 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 BIRCHWOOD STUDIO AND EVENTS. 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 BIRCHWOOD STUDIO AND EVENTS. 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 BIRCHWOOD STUDIO
AND EVENTS and our associates without express written consent. You may not use
any Meta tags or any other "hidden text" utilizing BIRCHWOOD STUDIO
AND EVENTS name or trademarks without the express written consent of BIRCHWOOD
STUDIO AND EVENTS. Any unauthorized use terminates the permission or license
granted by BIRCHWOOD STUDIO AND EVENTS. You are granted a limited, revocable,
and nonexclusive right to create a hyperlink to the home page of BIRCHWOOD
STUDIO AND EVENTS so long as the link does not portray BIRCHWOOD STUDIO AND
EVENTS, its associates, or their products or services in a false, misleading,
derogatory, or otherwise offensive matter. You may not use any BIRCHWOOD STUDIO
AND EVENTS logo or other proprietary graphic or trademark as part of the link
without express written permission.
YOUR MEMBERSHIP
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. If
you are under 18, you may use our website only with involvement of a parent or
guardian. BIRCHWOOD STUDIO AND EVENTS and its associates reserve the right to
refuse service, terminate accounts, remove or edit content, or cancel orders in
their sole discretion.
REVIEWS, COMMENTS,
EMAILS, AND OTHER CONTENT
Visitors may post
reviews, comments, and other content: 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. BIRCHWOOD STUDIO AND EVENTS 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 BIRCHWOOD STUDIO AND EVENTS and its associates a
nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensees
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 BIRCHWOOD STUDIO AND EVENTS and its associates 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 BIRCHWOOD
STUDIO AND EVENTS or its associates for all claims resulting from content you
supply. BIRCHWOOD STUDIO AND EVENTS has the right but not the obligation to
monitor and edit or remove any activity or content. BIRCHWOOD STUDIO AND EVENTS
takes no responsibility and assumes no liability for any content posted by you
or any third party.
RISK OF LOSS
All items purchased
from BIRCHWOOD STUDIO AND EVENTS are made pursuant to a shipment contract. This
basically means that the risk of loss and title for such items pass to you upon
our delivery to the carrier.
PRODUCT DESCRIPTIONS
BIRCHWOOD STUDIO AND
EVENTS and its associates attempt to be as accurate as possible. However, BIRCHWOOD
STUDIO AND EVENTS 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 BIRCHWOOD STUDIO AND EVENTS itself is not as described, your
sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY BIRCHWOOD
STUDIO AND EVENTS ON AN "AS IS" AND "AS AVAILABLE" BASIS. BIRCHWOOD
STUDIO AND EVENTS 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, BIRCHWOOD STUDIO AND EVENTS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. BIRCHWOOD STUDIO AND EVENTS DOES NOT WARRANT
THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM BIRCHWOOD STUDIO AND EVENTS
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BIRCHWOOD STUDIO AND EVENTS
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 BIRCHWOOD
STUDIO AND EVENTS, you agree that the laws of the state of TENNESSEE, UNITED
STATES, 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 BIRCHWOOD
STUDIO AND EVENTS or its associates.
DISPUTES
Any dispute relating
in any way to your visit to BIRCHWOOD STUDIO AND EVENTS or to products you
purchase through BIRCHWOOD STUDIO AND EVENTS shall be submitted to confidential
arbitration in TENNESSEE, UNITED STATES, except that, to the extent you have in
any manner violated or threatened to violate BIRCHWOOD STUDIO AND EVENTS
intellectual property rights, BIRCHWOOD STUDIO AND EVENTS may seek injunctive
or other appropriate relief in any state or federal court in the state of TENNESSEE,
UNITED STATES, 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 Shipping and Returns policy, posted on this site.
These policies also govern your visit to BIRCHWOOD STUDIO AND EVENTS. 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.
QUESTIONS:
Questions regarding
our Conditions of Usage, Privacy Policy, or other policy related material can
be directed to our support staff by clicking on the "Contact Us" link
in the side menu. Or you can email us at: contact@birchwoodstudioandevents.com