Website Terms of Use
Welcome to our website. This site is maintained as a service to our customers. By using this site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site or purchase any items sold through the site.
Agreement. This Terms of Use agreement (the "Agreement") specifies the terms and conditions for access to and use of the web site located at the URL www.bluetidecreative.com (the "Site") and describes the terms and conditions applicable to your access of and use of the Site. It also governs any purchases made through the Site. Blue Tide Creative, LLC (“BTC”) may modify this Agreement at any time upon posting of the modified Agreement. Any such modifications shall be effective immediately. Each use of the Site by you shall constitute and be deemed your unconditional acceptance of this Agreement.
Privacy. Our Privacy Policy also governs your visit to our Site. Please review our Privacy Policy here.
Intended Audience. The Site is not intended for any children under the age of 18. If you are not at least 18 years old, do not access the Site or make any purchases through the Site.
Ownership of Content on Site. All videos, information, articles, communications, photographs, graphics, and other material included on this Site are and shall continue to be the property of BTC or its content suppliers and are protected under applicable copyright, patent, trademark, and other proprietary rights. BTC grants you a limited, revocable, nonexclusive license to use this Site and any content provided through the Site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any content from the Site, in any form or by any means, without prior written permission from BTC. Any unauthorized use of the Site content may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.
Trademarks. Blue Tide Creative is a trademark of BTC. All other trademarks, service marks, logos, and copyrighted works appearing on the Site are the property of BTC or the party that provided such intellectual property to BTC. These parties retain all rights with respect to any of their respective intellectual property appearing on this Site, and no rights in such materials are transferred or assigned to you.
Changes in Products, Services, and Pricing. Prices and descriptions of our products and/or services are set forth on the Site and are subject to change without notice. BTC strives to display accurate price information, however, inadvertent typographical errors, inaccuracies or omissions related to pricing and availability may occur on occasion. BTC reserves the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. BTC may discontinue products or services at any time, without notice.
Online Orders. When placing an order on our Site, you make an offer to purchase whatever products and services you select. BTC reserves the right to accept or reject any order at its discretion. If we accept your offer, you will receive a confirmation email at the email address that you provide at such time. Notwithstanding, BTC reserves the right to cancel any order once accepted. If your payment method has been charged and your order is canceled, you will receive a prompt refund to your original method of payment.
Payment Terms. All applicable prices are set forth alongside the goods and services offered on the Site. They may differ from the prices offered elsewhere (online or offline) by us for the same goods and/or services. Such prices are subject to change at any time by us at our sole discretion. Additionally, to the extent that we offer a promotion in connection with any item, the terms of such offer shall be set forth in a separate document that shall govern its applicability (and, in the event of a conflict herewith, be considered the governing document). You will be responsible for the prices stated at the time of your transaction, as well as any: (i) sales, use, excise, and related taxes; and (ii) shipping and handling charges. Payment may only be made with a valid credit, debit card, or use of a bona-fide electronic payment provider (i.e., PayPal). By using any such card or payment provider, you are hereby representing and warranting that (i) the credit card information you supply to us is true, correct and complete, (ii) your credit card company will honor any charges you incur, and (iii) you will pay charges you incur at the posted prices, including all applicable taxes, if any. All payments must be in United States dollars. Current billing address and phone information must be included with every order. You agree to pay interest on all past-due sums at the highest rate allowed by law. We retain a security interest in the products and all proceeds thereof until the full purchase price therefore (including taxes and additional charges) has been paid.
Buyer’s Warranties and Representations. You represent and warrant to us as follows: (i) that you have the right to enter any transaction contemplated for hereby without violating this Agreement, any applicable law, rule, or regulation, and/or any agreement with, or rights of, any third party; (ii) that you will use the goods and services provided hereunder exactly as authorized and never in any way that would violate any applicable law or third party right of any kind; and (iii) that you are buying goods or services from the Site for solely your own use, and not for resale or export.
Returns and Exchanges. All sales are final, and BTC does not accept returns. However, if you are not completely satisfied with a product purchased from BTC, you may exchange it for another product provided that: (i) the original item is returned within thirty (30) days of delivery and (ii) the original item is returned in the same condition as originally received by you. You are responsible for all shipping costs to return the item and to ship the replacement item, and you bear the risk of loss during shipment of any exchanged items (unless the exchanged item is non-conforming merchandise). You will also be responsible for any difference in cost between the original item and the replacement item.
Ownership of Intellectual Property in Purchased Goods. BTC (and/or its third-party licensor(s), as applicable) will remain the sole and exclusive owner of all intellectual property rights incorporated in any goods or services sold through the Site, including but not limited to the designs featured on any products. You will not acquire ownership rights in and to the intellectual property rights incorporated in any purchased goods or services.
Account Registration. To register for and access certain services and other resources available to you through the Site, BTC may require you to create an account and password that can be obtained by completing BTC’s online registration form, which requests certain information and data (“Registration Data”). You agree that all Registration Data is true and accurate and that you will maintain and update this information as required to keep it current, complete, and accurate. You agree that our Privacy Policy governs all information you provide to register with this Site or otherwise, including, but not limited to, through the use of any interactive features on the Website, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. BTC may also use the Registration Data for purposes of billing, advertising, or for any other purpose which it deems necessary to carry out its duties under this Agreement.
Account Access. It is up to you to maintain the confidentiality of your password and account. You are responsible for any activities that take place under your username and password, including any messages sent and charges incurred. Your account is personal to you, and you may not provide any other person with access to the services or to the Site using your username, password, or other security information. If you become aware of any unauthorized use of your password or account, or any other breach of security, please contact BTC immediately. BTC has the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Agreement.
Access to Site. You are solely responsible for providing, at your own expense, all equipment necessary to access and make purchases through the Site, including Internet access and an Internet-connected device with video and audio capabilities. You understand and agree that temporary interruptions of any online Services or resources may occur as normal events. You further understand and agree BTC provides access to the Site through third-party platforms, and that BTC has no control over those third-party platforms. The traffic of data through the Internet may cause delays in accessing or making purchases through the Site, and You shall not hold BTC liable for delays that are ordinary in the course of Internet use.
No Reliance on Information Provided. BTC makes any information presented on or through the Site available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents. The Site may also include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by BTC, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of BTC. We are not responsible for the content or accuracy of any materials provided by third parties.
Links from the Site. If the Site contains links to other sites and resources provided by third parties, BTC provides these links for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. BTC has no control over the contents of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Site. You shall be solely responsible for any violations of the law and for any infringements of third-party rights caused by any content you provide or transmit or that is provided or transmitted using your BTC account.
Indemnification. You agree to indemnify and hold BTC, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of this Agreement by you. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of any content or information or service accessed from this Site.
Disclaimer. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. BTC DOES NOT MANUFACTURE (OR DIRECT THE MANUFACTURE OF) ANY OF THE GOODS SOLD ON THE SITE. ALL GOODS, SERVICES, AND/OR INFORMATION PROVIDED AND SOLD BY THE SITE ARE PROVIDED AND SOLD “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. BTC DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. BTC DOES NOT WARRANT THAT ANY FUNCTION OR CONTENT CONTAINED ON THIS WEBSITE OR ANY SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BTC DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY SERVICE OR CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE USER ACKNOWLEDGES THAT THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND BTC MAY MAKE CHANGES OR IMPROVEMENTS TO THE SITE AT ANY TIME.
Limitation of Liability. BTC, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, LOSS OF DATA, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF BTC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SUCH DAMAGES WERE REASONABLY FORESEEABLE OR BTC WAS GROSSLY NEGLIGENT. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF BTC AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO BTC FOR THE USE OF THE SITE OR ANY GOODS OR SERVICE IT PROVIDES.
Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Use of Information. BTC reserves the right, and you authorize us, to use and assign all information regarding site uses by you and all information provided by you in any manner consistent with our Privacy Policy.
Applicable Law. You agree that the laws of the state of North Carolina, without regard to conflicts of laws provisions, will govern this Agreement and any dispute that may arise between you and BTC or its affiliates. You also agree to personal and exclusive jurisdiction by and venue in the state and federal courts of Mecklenburg County, North Carolina.
Force Majeure. BTC shall not be responsible for delays or non-performance caused by activities or factors beyond its reasonable control, including without limitation, war, weather, strikes, floods, lockouts, fires, acts of God, terrorism, and/or delivery, vendor, supplier, or other third-party delays, non-performance, or failures of any kind.
Assignment. BTC may assign or otherwise transfer any or all of its rights or obligations hereunder, in whole or in part, to any third party in its sole discretion. You may not assign any of your rights or delegate any of your duties hereunder at any time without our prior written consent in each instance, and any attempt to do so shall be null and void.
Arbitration. At BTC’s sole discretion, it may require you to submit any disputes arising from the Services, this Agreement, or use of the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Consumer Arbitration Rules of the American Arbitration Association.
Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
Waiver. The failure of BTC to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by BTC must be in writing and signed by an authorized representative of BTC.
Termination. BTC may modify or discontinue, temporarily or permanently, the Site or any service provided by the Site (or any part thereof) with or without notice. You agree that BTC will not be liable to you or any third party for any modification, suspension or discontinuance of the Site or any service.
Relationship of the Parties. Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee, or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
Entire Agreement. This Agreement constitutes the entire agreement between you and BTC and governs the terms and conditions of your use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and BTC with respect to this Site. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Site. BTC may revise this Agreement at any time by updating this Agreement and posting it on the Site. Accordingly, you should visit the Site and review the Agreement periodically to determine if any changes have been made. Your continued use of this Site after any changes have been made to the Agreement signifies and confirms your acceptance of any such changes or amendments to the Agreement.
Questions and Concerns. All feedback, comments, requests for technical support, and other communications relating to the Site should be directed to erin@bluetidecreative.co.