In using this
website you are deemed to have read and agreed to the following terms and
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", "You” and "Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. "The Company", "Ourselves”, "We” and "Us", refers to our Company. "Party”, "Parties”, or "Us”, refers to both the Client and ourselves, or either the Client or ourselves. Our term applies to our site: www.ordersfly.com.
By using the Site or any of the products or services offered through the Site, you agree to these Terms & Conditions.
These Terms & Conditions may be updated from time to time without notice to you. You agree that it is your responsibility to review the Site and these Terms & Conditions always to learn of any modifications to the site. Your continued use of the Site, or any product or service offered through the Site, after the posting of any modifications shall constitute your agreement to be bound by such modified Terms & Conditions. If you do not agree to these Terms & Conditions, do not use the Site or any products or services offered through the Site.
Use of the Site
The Site, including all of its contents, such as text, images, and the HTML used to generate the pages ("Materials"), are our property or that of our suppliers, partners, or licensors and are protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from this Site in whole or in part, for any public or commercial purpose without our specific written permission. We grant you a personal, non-exclusive, non-transferable license to access the Site and to use the information and services contained here.
Your Account and Access
Rules and Limits on and Modifications to the Site
We reserve the right, for any reason, in our sole discretion and without notice to you, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, information, products, data, text, music, sound, photographs, graphics, video, messages or other materials ("Content"), features and/or hours of availability, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.
The Site may be used only for lawful purposes by individuals using authorized services of Ordersfly.com Marketplace. You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of their posting on or through the Site. Ordersfly.com Marketplace specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following:
Violations of system or network security may result in civil or criminal liability. We will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:
User Submitted Content
You are responsible for any User Content you post to the site. By "User Content" we mean any content you post to the site, which may include reviews, comments, image uploading, captions, participating in forums, curating or creating art collections and other such features that allow you to add content to the site. We are not responsible for the personally identifiable or other information you choose to submit as User Content and we reserve the right to remove any User Content generated by any user at our sole discretion. You understand that once you post User Content, your content becomes public. We are not responsible for keeping any User Content confidential so if you do not want anyone to read or see that content, do not submit or post it to the Site.
You may not:
provide User Content that you do not
have the right to submit, unless you have the owner's permission; this includes
material covered by someone else's copyright, patent, trade secret, privacy,
publicity, or any other proprietary right;
forge headers or manipulate other identifiers in order to disguise the origin of any User Content you provide;
provide any User Content that contains lies, falsehoods or misrepresentations that could damage us or anyone else;
provide User Content that is illegal, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
impersonate anyone else or lie about your affiliation with another person or entity in your User Content;
use meta tags or any other "hidden text" utilizing any of our or our suppliers' product names or trademarks in your User Content; or
provide User Content which disparage us or our vendors, partners, contractors, galleries, artists, institutions, distributers, representatives and affiliates.
Except as otherwise specifically provided, if you post content or submit material to the Site, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. 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 these Terms or any law or regulation; and the content will not cause injury to any person or entity. We have the right but not the obligation to monitor and edit or remove any activity or content. User Content comes from a variety of sources. We do not endorse, or support any views, opinions, recommendations, or advice that may be in User Content, nor do we vouch for its accuracy or its reliability, usefulness, safety or intellectual property rights of any User Content. We take no responsibility and assume no liability for any User Content posted by you or any third party.
We control and operate the Site from our offices in the United States of America, and all information is processed within the United States. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
You agree that you and seller are responsible for determining the amount of sales, use or other taxes that you may owe as a result of purchases you make. You agree (a) that Ordersfly.com Marketplace has no responsibility to collect, report or remit sales, use or any other applicable taxes in connection with your purchase, unless Ordersfly.com Marketplace is selling the product as the Merchant of Record (the "Item Details" page will clearly display Ordersfly.com Marketplace as the seller when Ordersfly.com Marketplace is the Merchant of Record.), and (b) to fully indemnify, defend and hold Ordersfly.com Marketplace harmless from any and all claims, demands, damages, awards, fines, costs, expenses and liability in any way associated with foregoing.
When you make a purchase on Ordersfly.com Marketplace, you are purchasing the product from an independent seller and not from Ordersfly.com Marketplace unless Ordersfly.com Marketplace is selling the product as the Merchant of Record. You agree that Ordersfly.com Marketplace is not an agent for you or for the seller and has no authority to act on your or on a seller's behalf. Payments are handled directly between you and the seller. In rare cases, a seller may need to cancel your order. In such cases, a full refund will be applied and you will be notified of the cancellation. Ordersfly.com Marketplace holds its sellers to strict standards and strives to ensure that all orders are processed and shipped.
Shipments of the products you purchase on Ordersfly.com are made by the seller and not Ordersfly.com Marketplace unless Ordersfly.com Marketplace is selling the product as the Merchant of Record. You agree that Ordersfly.com Marketplace has no obligation to ship to you any product you purchase on its sites, unless Ordersfly.com Marketplace is the seller of the item. You agree to pay the shipping charges in full for any product that you purchase.
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Ordersfly.com Marketplace owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to Ordersfly.com Marketplace without obtaining authorization from Ordersfly.com Marketplace.
Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various Service. However, with regard to the product customization Service (as against other Services like blogs and forums) you expressly agree that by uploading and posting content on to the Website for public viewing and reproduction/use of your content by third party users, you accept the User whereby you grant a non-exclusive license for the use of the same.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the following written information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed upon; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and e-mail address; (v) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our copyright agent for notice of claims of copyright infringement on the Site can be reached as follows:
Denver, CO 80239 USA
If you become aware that material appears on this site in violation of a copyright please notify us by email at firstname.lastname@example.org
You agree to defend, indemnify and hold Ordersfly.com Marketplace, its directors, officers, employees, agents, vendors, partners, contractors, galleries, artists, institutions, distributers, representatives and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees, in any way arising from, related to or in connection with your use of the Site, your violation of any law, your violation of the Terms or the posting or transmission of any User Content, or materials on or through the Site by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right. You agree to cooperate as fully as reasonably required in the defense of any claim. Your indemnification obligation will survive the termination of these Terms and your use of the Site.
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION, MATERIALS AND SERVICES IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE SITE OR THE FUNCTION, CONTENT OR SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. ORDERSFLY.COM MARKETPLACE MAKES NO WARRANTY THAT THE SITE WILL MEET USERS' EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
ORDERSFLY.COM MARKETPLACE DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE SITE. ORDERSFLY.COM MARKETPLACE IS NOT A PARTY TO, AND DOES NOT MONITOR, ANY TRANSACTION BETWEEN USERS AND THIRD PARTIES WITHOUT THE DIRECT INVOLVEMENT OF COMPANY.
IN NO EVENT SHALL ORDERSFLY.COM MARKETPLACE, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUBSIDIARIES, DIVISIONS, SUCCESSORS, SUPPLIERS, DISTRIBUTORS, AFFILIATES VENDORS, CONTRACTORS, GALLERIES, ARTISTS, INSTITUTIONS, REPRESENTATIVES OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTION RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF COMPANY OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF ORDERSFLY.COM MARKETPLACE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.00. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL ORDERSFLY.COM MARKETPLACE OR ITS RESPECTIVE OFFICERS DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF ORDERSFLY.COM MARKETPLACE.
You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site.
Consent to Processing
By providing any personal information to the Site, all users, including without limitation users in the European Union, fully understand and unambiguously consent to the collection and processing of such information in the United States.
Any inquiries concerning these Terms should be directed to us at the address below.
Risk of Loss
The items purchased from our Site are shipped by a third-party carrier pursuant to a shipment contract. As a result, risk of loss and title for such items may pass to you upon our delivery to the carrier.
Ordersfly.com Marketplace and its partners strive for complete accuracy in description and pricing of the products on the Site. However, due to the nature of the internet, occasional glitches, service interruptions or mistakes may cause inaccuracies to appear on the Site. Ordersfly.com Marketplace has the right to void any purchases that display an inaccurate price. If the displayed price is higher than the actual price, you may be refunded the overcharge. If the displayed price is less than the actual price, Ordersfly.com Marketplace will void the purchase and attempt to contact you via either phone or email to inquire if you would like the item for the correct price.
You acknowledge that temporary interruptions in the availability of the Site may occur from time to time as normal events. Also, we may decide to cease making available the Site or any portion of the Site at any time and for any reason. Under no circumstances willOrdersfly.com Marketplace or its suppliers be held liable for any damages due to such interruptions or lack of availability.
Notices to you may be made via either email or regular mail. The Site may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you on the Site.
In the event of a dispute regarding the identity of the person submitting the entry, the entry will be deemed to be submitted by the person in whose name the e-mail account is registered. All drawings will be conducted under the supervision of Sponsor. The decisions of the Sponsors are final and binding in all matters relating to this contest. Sponsors reserve the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Contest or the Website located at Ordersfly.com; to be in violation of the Terms of Service of the Website; to be acting in violation of these Official Rules; to be acting in a disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. If for any reason this Contest is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which, in the sole opinion of Sponsor, corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contests, Sponsor reserve the right to cancel, terminate, modify or suspend the Contest.
Limitations of Liability
SPONSOR DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO ITS WEBSITES. SPONSOR IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR TELEPHONE LINES, COMPUTER ON-LINE SYSTEMS, SERVERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY E-MAIL OR ENTRY TO BE RECEIVED BY SPONSOR ON ACCOUNT OF TECHNICAL PROBLEMS, HUMAN ERROR OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE, OR ANY COMBINATION THEREOF. SPONSOR IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CAPTURE OF INFORMATION OR THE FAILURE TO CAPTURE SUCH INFORMATION, WHETHER CAUSED BY WEBSITE USERS, TAMPERING OR HACKING, OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE CONTEST. SPONSOR IS NOT RESPONSIBLE FOR INJURY OR DAMAGE TO PARTICIPANTS’ OR TO ANY OTHER PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING IN THIS CONTEST OR FROM OR USE OF THE WEBSITE. IN NO EVENT WILL SPONSOR, OR THEIR PARENT COMPANIES, DISTRIBUTORS, AFFILIATES, SUBSIDIARIES, OFFICERS, VENDORS, AND AGENCIES, EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR PARTICIPATION IN THIS CONTEST, ACCESS TO AND USE OF THE WEBSITE OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE WEBSITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE AND IN THIS CONTEST IS PROVIDED "AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
As a condition of participating in Contests, you agree that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, or the determination of the winner shall be resolved individually, without resort to any form of class action exclusively by arbitration pursuant to the commercial arbitration rules of the American Arbitration Association, then effective. Further, in any such dispute, under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than your actual out-of-pocket expenses (i.e., costs associated with entering this Contest), and you further waive all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or your rights and obligations or Sponsor’s rights and obligations in connection with this Contest, shall be governed by, and construed in accordance with, the laws of the State of Colorado, U.S.A., without giving effect to the conflict of laws rules thereof, and all proceedings shall take place in that State in the City and County of Colorado.
As a condition of participating in Contests, you agree that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, or the determination of the winner shall be resolved individually, without resort to any form of class action exclusively by arbitration pursuant to the commercial arbitration rules of the American Arbitration Association, then effective. Further, in any such dispute, under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than your actual out-of-pocket expenses (i.e., costs associated with entering this Contest), and you further waive all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or your rights and obligations or Sponsor’s rights and obligations in connection with this Contest, shall be governed by, and construed in accordance with, the laws of the State of Colorado, U.S.A., without giving effect to the conflict of laws rules thereof, and all proceedings shall take place in that State in the City and County of Colorado. In the event of a dispute as to the identity of the winner based on an e-mail address, the winning entry will be declared made by the authorized account holder of the e-mail address submitted at time of entry. "Authorized account holder is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
The Terms constitute the entire agreement between you and Ordersfly.com Marketplace and govern your use of the Site, superseding any prior agreements between you and Ordersfly.com Marketplace. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site.
You agree that no joint venture, partnership, employment, or agency relationship exists between Ordersfly.com Marketplace and you as a result of this Agreement or your use of the Site.
Any claim or cause of action you may have with respect to Ordersfly.com Marketplace or the Site must be commenced within one (1) year after the claim or cause of action arose.
Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
You may not assign the Terms or any of your rights or obligations under the Terms without our express written consent.
The Terms inure to the benefit of Ordersfly.com Marketplace's successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.
Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of USA without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of Colorado, USA in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.