Terms of Use

THEHEADYHIVE.COM TERMS OF USE
Last updated September 22, 2014

IMPORTANT: ALL USERS MUST READ THESE TERMS

Acceptance of Terms and Conditions. Please carefully read TheHeadyHive.com's Terms of Use and Privacy Policy (collectively, the “Terms of Use”) before accessing, purchasing from, or using the Site. By accessing or using TheHeadyHive.com (the “Site"), you acknowledge that you have read, understand, and agree to be bound by all the terms set forth in these Terms of Use. You can accept these Terms of Use in one of three ways: (1) by clicking to “accept” or “agree” to these Terms of Use, where this option is presented or made available to you on the Site; (2) by actually using the Site; and/or, (3) by making purchases from the Site.

BY USING THE WEBSITE, YOU AGREE TO THIS AGREEMENT IN FULL. IF YOU DO NOT AGREE TO THIS AGREEMENT IN FULL, DO NOT USE THE WEBSITE. EXCEPT AS OTHERWISE PROVIDED, THIS AGREEMENT IS SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE AND YOUR CONTINUED USE OF THE WEBSITE AFTER ANY CHANGES HAVE BEEN IMPLEMENTED CONSTITUTES ACCEPTANCE BY YOU OF SUCH CHANGES. IF YOU DO NOT AGREE TO THE TERMS OF USE AS SET FORTH IN THIS AGREEMENT, YOU MUST EXIT THIS PAGE AND MAY NOT ACCESS OR OTHERWISE USE THIS WEBSITE OR ORDER ANY ITEMS THROUGH THIS WEBSITE.

PRODUCT USES

The products sold on TheHeadyHive.com are artistic pieces designed to be wearable glass and/or jewelry. They are not designed to be functional and are not to be used with tobacco or any other substance. Use of these products for tobacco or any other substance is not advised.

GENERAL

The Site. TheHeadyHive.com allows you to purchase items from the Site. These Terms of Use govern the use of this Site by you. By using this Site (other than to read these Terms of Use for the first time) or by creating an account, you agree to comply with these Terms of Use. The right to use this Site is personal to you and is not transferable to any other person or entity. You agree that you are responsible for protecting the confidentiality of your password if you create an account. You may use the Site only as permitted by these Terms of Use and only in a manner consistent with all applicable federal and state laws, rules and regulations, and generally accepted practices or guidelines in relevant jurisdictions, including any laws governing the export of data to or from the United States and laws regarding the disposal and/or export of prescription glasses.

Use and Restrictions. The Site may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are 18 years of age or older, and who are not barred from using the Site under applicable laws. You acknowledge and agree that TheHeadyHive.com, in its sole discretion and without notice or any further obligation to you, may temporarily suspend or permanently discontinue and refuse any and all current and future, access to or use of the Site.

Your Account. In order to purchase items through this Site, you may establish an account with TheHeadyHive.com. You are solely responsible for (i) maintaining the security and confidentiality of your account and your account password; (ii) restricting access to your computer and your account; and (iii) keeping your email address listed on your account current. You are solely responsible and liable for all activities, including, without limitation, all purchases of items through the use of the Site that occur under your account or your account password. You acknowledge and agree that TheHeadyHive.com may access, preserve, and disclose your account information, all User Communications (as defined below), all communications to and from you, all information relating to your use of the Site, and all information relating to the use of the Site under your account or account password if TheHeadyHive.com is required to do so by law or legal process or if TheHeadyHive.com determines, in its sole discretion, that such action is necessary to protect the rights of TheHeadyHive.com, third parties, and other users of the Site or for purposes of responding to your request for customer service. TheHeadyHive.com’s right to disclose any such information shall govern over any terms of our Privacy Policy. If you choose not to establish an account, you agree and acknowledge that your rights to look up previous orders and other features of the Site may be limited.

Changes to the Terms of Use. TheHeadyHive.com reserves the right to make any modification to these Terms of Use as TheHeadyHive.com deems necessary or desirable without prior notification to you. TheHeadyHive.com suggests, therefore, that you re-read this important notice containing our Terms of Use from time to time in order that you stay informed as to any such changes. If TheHeadyHive.com makes changes to our Terms of Use and you continue to use the Site, including, but not limited to, logging into your account or purchasing items from TheHeadyHive.com, you are agreeing to and accepting the Terms of Use and Privacy Policy expressed herein, including any modifications.  Please note any deletions or modifications to these Terms of Use shall be effective immediately upon TheHeadyHive.com's posting thereof.

Privacy Policy. TheHeadyHive.com cares about your privacy. TheHeadyHive.com's Privacy Policy applies to the use of the Site, and its terms are made a part of these Terms of Use by this reference. To view our Privacy Policy, click here. Additionally, by using the Site, you acknowledge that the Internet is not a secure environment and sometimes there are interruptions in service or events that are beyond the control of TheHeadyHive.com and that communications with TheHeadyHive.com can never be guaranteed to be secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted. Nonetheless, TheHeadyHive.com employs reasonable measures to protection your information from unauthorized use or disclosure. While TheHeadyHive.com makes these reasonable precautions against loss or theft of data, neither TheHeadyHive.com nor its associates shall be responsible for any data lost or stolen while transmitting information on the Internet. While it is TheHeadyHive.com's objective to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable at any time for any reason including, without limitation, routine maintenance.

PURCHASES

Minimum Age. All purchasers must be at least 18 years of age or older to buy from TheHeadyHive.com.

Products Descriptions. In describing and portraying our products on the Site, TheHeadyHive.com attempts to be as accurate as possible. However, TheHeadyHive.com does not warrant that the product descriptions are accurate, complete, reliable, current, or error-free. TheHeadyHive.com reserves the right to correct any typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability from time to time without prior notice. In addition, you acknowledge that each product sold on TheHeadyHive.com is handmade and unique, and that there may be variations in color and/or size, either now or over time, due to the difference in what you see on a computer screen versus in real life, the handmade nature of these products, and the materials used in the creation of these products. Also, you acknowledge that multiple orders of the same product may not be identical due to the handmade nature of these products.

All Orders Are Final. TheHeadyHive.com tries to process orders within 3 business days of receiving the information. Therefore, all orders are final except for delays caused by TheHeadyHive.com. Delays in production may occur when insufficient information is given by you regarding your order. TheHeadyHive.com will notify you if there is a delay which will cause your order to not begin processing for more than five days from the date the order was placed. If the delay is caused by TheHeadyHive.com, you will be given the option to cancel your order. If the delay is caused due to missing information from you, TheHeadyHive.com will process your order as soon as your information is received. All orders are final.

Damaged Products, Insurance, and Risk of Loss. TheHeadyHive.com does not accept any returns, including for damaged products. For all orders at or below $200.00, insurance is not included but it may be purchased at the option of the buyer, at the time of the order. As TheHeadyHive.com does not accept any returns, TheHeadyHive.com strongly recommends that you purchase insurance for such orders. For all orders above $200.00, insurance will be included, for the value of the order, with the cost of shipping. Risk of loss is transfers from the seller to the buyer at the time the order is shipped, and all claims of damaged products after shipment should be directed to the insurance provided with the order, if applicable.

Returns. Due to the handmade and unique nature of the products at TheHeadyHive.com, all sales are final and no returns will be accepted.

Shipping. When you place an order on TheHeadyHive.com, your order will be shipped to the address designated by you as long as that shipping address can accept packages. TheHeadyHive.com may require verification of information prior to the acceptance and/or shipment of any order. TheHeadyHive.com reserve the right, without prior notice, to limit the order quantity on any product or service, and/or to refuse service to any customer. Shipping costs can be found in our FAQ on TheHeadyHive.com.

Non-Continental US/International Shipping. At this time TheHeadyHive.com only ships to locations in the lower 48 United States. If you are outside of this area, please contact TheHeadyHive.com for shipping availability. In addition, TheHeadyHive.com may refuse shipment to any location at any time for any reason.

Taxes. At this time, TheHeadyHive.com only collects taxes from buyers with shipping and/or payment addresses in Colorado. If you are outside Colorado, you will be responsible for all taxes.

Payment. Payment for all products is processed through Square, Paypal, or Google Checkout. Please refer to squareup.com, paypal.com, or checkout.google.com for information regarding the use of any personal information you submit.

Intellectual Property

Change in the Site, its Contents, and its Features. TheHeadyHive.com reserves the right, at any time in our sole discretion, to modify, suspend, or discontinue the Site or any service, content, feature, or items offered through the Site, with or without notice; change the equipment and/or programs necessary to access the Site, charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. TheHeadyHive.com may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.  You agree that TheHeadyHive.com shall not be liable to you or to any third party should any of the foregoing occur with respect to the Site. Further, TheHeadyHive.com may request additional information at any time by you to update or enhance benefits and/or use of the Site.

Communications. This Site and all content contained within are private property.  All interactions on this Site must comply with these Terms of Use.  By submitting material to the Site (“User Communications”), including, but not limited to, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication, whether such submission is by a public feature of the Site (i.e. posting area) or by private transmission (i.e. email and/or letter to TheHeadyHive.com), you warrant that such content is original to you, that you own all applicable legal rights in such content, and that the content does not and will not infringe upon the rights of any other person or entity. Further, by submitting any User Communication, you agree and acknowledge that you have expressly granted TheHeadyHive.com a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You agree that TheHeadyHive.com may use any User Communication for any purpose in TheHeadyHive.com’s sole discretion, including reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. You agree that TheHeadyHive.com shall be under no obligation to maintain any User Communication in confidence; to pay compensation for any User Communication; and/or to monitor, use, return, review or respond to any User Communication.

Your Responsibility. If you post information on the Site, you are solely responsible for each User Communication that you post on the Site and agree that you will not hold TheHeadyHive.com responsible or liable for any User Communication from another user that you access on the Site. Moreover, TheHeadyHive.com reserves the right to delete any User Communication from our Site, including, but not limited to, negative feedback if TheHeadyHive.com finds that such feedback is untrue or abusive. You understand that when using the Site, you will be exposed to User Communications from a variety of sources and that TheHeadyHive.com is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Communications.

Copyright and Trademarks. The Site is owned and controlled by TheHeadyHive.com and unless otherwise agreed in writing, all materials on our Site, including text, menus, graphics, information, content, images, illustrations, designs, icons, photographs, video clips, sounds, music, artwork, computer code, and other materials, and the copyrights, trademarks, trade dress, and/or other intellectual property rights in such materials (collectively, the “Content”), are owned, controlled, and/or licensed by TheHeadyHive.com. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS WEBSITE OR ANY OF THE PAGES IN THE WEBSITE WITHOUT THE EXPRESS WRITTEN PERMISSION OF THEHEADYHIVE.COM IS STRICTLY PROHIBITED. The Site and Content are intended solely for your personal, non-commercial use. You may not download or copy any of the Content without permission from TheHeadyHive.com unless such permission is explicitly granted on the Site. Any permitted downloads or permitted copies of the Content are for your personal use only. No right, title, or interest in any downloaded or copied Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above or on the Site), publish, transmit, distribute, display, perform, alter, modify, create derivative works from, sell, exploit, or otherwise use any of the Content or the Site for any public or commercial purpose. TheHeadyHive.com also owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may not upload or republish Site Content on any Internet, Intranet, or Extranet Site or incorporate the information in any other database or compilation. TheHeadyHive.com does not permit use of any data mining, robots, scraping, or similar data-gathering or extraction methods. Certain trademarks, trade names, service marks, and logos used or displayed on this Site are registered and unregistered trademarks, trade names, and service marks of TheHeadyHive.com and its affiliates. Other trademarks, trade names, and service marks used or displayed on this Site are the registered and unregistered trademarks, trade names, and service marks of third parties. Nothing contained on the Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to you to use any such trademarks, trade names, service marks, or logos displayed on such Site. Trademarks that are located within or on the Site shall not be deemed to be in the public domain but rather the exclusive property of TheHeadyHive.com, unless such trademark is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of TheHeadyHive.com, unless otherwise stated.

Copyright and Trademark Complaints. TheHeadyHive.com respects the intellectual property rights of others. TheHeadyHive.com is committed to complying with copyright and related laws, including the Digital Millennium Copyright Act (DMCA), and TheHeadyHive.com requires all users of the Site to comply with these laws. Accordingly, you may not upload, post, store any material or content on, disseminate any material or content over, or otherwise transmit to or on the Site in any manner material that constitutes an infringement of third party intellectual property rights, including but not limited to, rights granted by copyright law. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. When TheHeadyHive.com receives proper Notification of Alleged Copyright Infringement, TheHeadyHive.com promptly removes or disables access to the allegedly infringing material upon conclusion the material infringes upon another rights and terminates the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act. If you believe that any material on the Site infringes upon any copyright that you own or control, please contact info@TheHeadyHive.com to report infringement of your copyright. TheHeadyHive.com may, at its sole discretion, terminate users who are deemed by TheHeadyHive.com to be have committed copyright infringement, whether or not there is any repeat infringement.

Links to the Site; Third Party Links on the Site; Third Party Content on the Site. Running or displaying the Site or any information or material displayed on the Site in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to the Site must comply will all applicable federal and state laws, statutes, rules, and regulations. The Site may contain links to other websites that are not owned, operated, or controlled by TheHeadyHive.com ("Third Party Sites") as well as articles, menus, photographs, text, graphics, pictures, designs, music, sound, video, information, or items belonging to or originating from third parties (the "Third Party Content"). All such links are provided solely as a convenience to you. If you use these links, you will leave the Site and TheHeadyHive.com cannot be responsible for any content, materials, information, or events that are present on or that occur on websites that are not owned, operated, or controlled by TheHeadyHive.com. Such Third Party Sites and Third Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by TheHeadyHive.com. TheHeadyHive.com is not responsible for any Third Party Sites accessed through the Site or any content posted by any users on this Site or any Third Party Sites regarding TheHeadyHive.com. If you decide to leave the Site and access the Third Party Sites, you do so at your own risk and you should be aware that TheHeadyHive.com's terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Site to which you navigate from this Site.

Warranties/Disclaimers

Disclaimer of Warranty; Limitation of Liability. YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK.  NEITHER THEHEADYHIVE.COM, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE PRODUCTS PURCHASED THROUGH THIS SITE. THIS SITE IS MADE ACCESSIBLE ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT THEHEADYHIVE.COM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IN NO EVENT SHALL THEHEADYHIVE.COM, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THIS SITE OR THE CONTENTS HEREOF, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE. YOU HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS SITE. IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER THEHEADYHIVE.COM, NOR ITS AFFILIATES, INFORMATION PROVIDERS, OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. THEHEADYHIVE.COM IS NOT RESPONSIBLE FOR ANY CONTENT THAT AN ENDUSER OR AN UNAUTHORIZED USER MAY POST ON THIS WEBSITE. ANY CONTENT THAT IS POSTED OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE CAN AND MAY BE TAKEN DOWN BY THEHEADYHIVE.COM. MOREOVER, THEHEADYHIVE.COM RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE, AND PROHIBIT ANY AND ALL CONTENT THAT IT, THEHEADYHIVE.COM, DEEMS UNSUITABLE.

Use of Items. YOUR USE OF ANY ITEMS PURCHASED FROM THE SITE IS AT YOUR OWN RISK. IN NO EVENT WILL THEHEADYHIVE.COM BE LIABLE TO YOU FOR ANY DAMAGES CAUSED BY THE USE OF ITEMS. YOU TAKE FULL RESPONSIBILITY FOR THE USE OF ANY ITEM YOU BUY AND AGREE TO INDEMNIFY AND HOLD HARMLESS THEHEADYHIVE.COM FOR ANY INJURIES CAUSED BY THE USE OF SUCH ITEMS. PRODUCTS ON THEHEADYHIVE.COM ARE DESIGNED TO BE WORN AND/OR DISPLAYED AS ARTWORK AND ARE NOT DESIGNED TO BE FUNCTIONAL.

Limitation on Damages. If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if TheHeadyHive.com is otherwise found to be liable to you in any manner, then TheHeadyHive.com’s aggregate liability for all claims under such circumstances for liabilities, shall not exceed ten United States dollars. You agree to defend, indemnify, and hold harmless TheHeadyHive.com, its officers, directors, employees, business partners and agents, from, and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and/or expenses (including but not limited to attorneys’ fees) arising from: (1) any breach by you of any of these Terms of Use; (2) your User Communications; and/or (3) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

Termination

Either you or TheHeadyHive.com may terminate these Terms of Use at any time. You may terminate these by ceasing all use of the Site. TheHeadyHive.com may terminate these by ceasing to offer the Site to you and/or the general public or by sending notification that you can’t use the Site. If you have purchased any items from TheHeadyHive.com prior to termination and such items have been shipped to you, you will still be required to remit payment for such items. If you have purchased any items from TheHeadyHive.com prior to termination and such items all already being processed, you shall be required to pay for the items.

Miscellaneous

Severability. If a court of competent jurisdiction holds any provision of these Terms of Use invalid, such invalidity shall not affect the enforceability of any other provisions contained in these Terms of Use and the remaining portions of these Terms of Use shall continue in full force and effect.

Governing Law; Venue and Jurisdiction. By using the Site and/or purchasing products from this Site, you agree that the laws of the State of Colorado, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and TheHeadyHive.com. You agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in Denver, Colorado, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Colorado.

Indemnity. You agree to indemnify and hold TheHeadyHive.com, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorneys fees, arising out of or in connection with any use of the Site, your conduct in connection with the Site, or with other users of the Site, or any violation of these Terms of Use or of any law or the rights of any third party.

Electronic Communications. You consent to receive electronic communications from TheHeadyHive.com either in the form of email sent to you at the email address listed on your account or by communications posted on the Site. You acknowledge and agree that any electronic communication in the form of such email or posting on the Site shall satisfy any legal requirement that such communication be in writing.