Welcome to our online store! D's Flyes 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 D's Flyes 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 D's Flyes 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 D's Flyes, with copyright authorship for this collection by
D's Flyes, and protected by U.S. and international copyright laws. The
software application provider and author for "zencart", is used
under the GNU GENERAL PUBLIC LICENSE and all original authorship and
credit for zencart remains the intellectual rights of
www.zen-cart.com.
TRADEMARKS
D's Flyess trademarks and trade dress may not be used in connection
with any product or service that is not D's Flyess, in any manner that
is likely to cause confusion among customers, or in any manner that
disparages or discredits D's Flyes. All other trademarks not owned by
D's Flyes 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 D's Flyes or its subsidiaries.
LICENSE AND SITE ACCESS
D's Flyes 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 D's
Flyes. 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 D's Flyes. 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 D's Flyes
and our associates without express written consent. You may not use any
meta tags or any other ":hidden text": utilizing D's Flyess name or
trademarks without the express written consent of D's Flyes. Any
unauthorized use terminates the permission or license granted by D's
Flyes. You are granted a limited, revocable, and nonexclusive right to
create a hyperlink to the home page of D's Flyes so long as the link
does not portray D's Flyes, its associates, or their products or
services in a false, misleading, derogatory, or otherwise offensive
matter. You may not use any D's Flyes 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. D's Flyes 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. D's Flyes 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 D's Flyes and its associates 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 D's Flyes 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 D's Flyes or its associates for all claims
resulting from content you supply. D's Flyes has the right but not the
obligation to monitor and edit or remove any activity or content. D's
Flyes takes no responsibility and assumes no liability for any content
posted by you or any third party.
RISK OF LOSS
All items purchased from D's Flyes 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
D's Flyes and its associates attempt to be as accurate as possible.
However, D's Flyes 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 D's Flyes 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 D's Flyes ON AN ":AS IS": AND ":AS AVAILABLE":
BASIS. D's Flyes 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, D's Flyes DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. D's Flyes DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR
E-MAIL SENT FROM D's Flyes ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. D's Flyes 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 D's Flyes, you agree that the laws of the state of
Colorado, 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 D's Flyes or its associates.
DISPUTES
Any dispute relating in any way to your visit to D's Flyes or to
products you purchase through D's Flyes shall be submitted to
confidential arbitration in Colorado, except that, to the extent you
have in any manner violated or threatened to violate D's Flyess
intellectual property rights, D's Flyes may seek injunctive or other
appropriate relief in any state or federal court in the state of
Colorado, 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
arbitrators 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
D's Flyes. 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: customerservice@dsflies.com
Conditions of Use |