Terms of usage

By accessing our website and by placing an order for the purchase of our products and services, the following terms of usage will constitute a legally binding agreement between you and us. It is your responsibility to carefully read these terms of usage before using this website. These Terms are applicable to visitors of the website, member instructors / event managers are also subject to the Member Terms in addition to these terms. 

 

SKY-AND-BEYOND is the registered # FM0774898 owner and operated by Metal Clay Adventures is registered #FM0808208 in the Province of British Columbia, Canada.

 

Your use of this website is contingent upon your acceptance of our Privacy Policy and the following Terms of usage. Use of the metalclayadventures.com website will be considered acceptance of these website policies. If you do not agree to the Terms of usage contained in the following sections, then you should not access this website, sub-domains or re-directed domains.

 

Please note that Metal Clay Adventures reserves the right to modify these Terms of usage at any time without notification based on the evolution of the website and services offered. As such, we recommend that you review these policies prior to engaging in any transactions with our site. We will make every attempt to ensure that you are informed of any pertinent policies relating to your transactions prior to completion.

 

Please read the following sections carefully, as they contain the Terms of usage that will govern your use of the metalclayadventures.com websites (and all websites owned and operated by Metal Clay Adventures). If you have any questions, comments or concerns regarding these policies, you can reach us via any contact form on the site or via our “Contact Us” page.

 

Copyright The entire content included in this site, including but not limited to text, graphics or code is the intellectual property of Metal Clay Adventures or it's contributing Members and is deemed as copyrighted as a collective work under the Canadian, United States of American and other international copyright laws, and is the express property of Metal Clay Adventures or it's respective member.

The collective work may also include works that are licensed to Metal Clay Adventures.

Copyright 2020 (including subsequent years), Metal Clay Adventures. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an orderor purchasing any product or service provided by any member seller.

You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order.

All other usage, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Metal Clay Adventures or the member seller. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

 

Trademarks All trademarks, service marks and trade names used on the site are trademarks or registered trademarks of their respective owners. The use of trademark names does not mean or imply any association with the trademark owner.

 

Warranties and Limitation of Liability (Things You Can’t Sue Us For)

Items You Purchase. You understand that Metal Clay Adventures does not manufacture, store, or inspect any of the items sold through our Services. We provide the venue; the items in our marketplace are produced, listed, and sold directly by independent sellers, so Metal Clay Adventures cannot and does not make any warranties about their quality, safety, or even their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item.

 

You release Metal Clay Adventures from any claims related to items sold through our Services, including for defective items, misrepresentations by members, or items that caused physical injury (like product liability claims).

 

Content You Access. You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. Metal Clay Adventures is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.

 

People You Interact With. You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person.

 

Third-Party Services. Our Services may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Twitter, and Pinterest). You may also need to use a third party’s product or service in order to use some of our Services (like a compatible mobile device to use our mobile apps). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. Metal Clay Adventures is not a party to those agreements; they are solely between you and the third party.

 

Gift Cards and Promotions. You acknowledge that Metal Clay Adventures does not make any warranties with respect to your Gift Card balance and is not responsible for any unauthorized access to, or alteration, theft, or destruction of a Gift Card or Gift Card code that results from any action by you or a third party. You also acknowledge that we may suspend or prohibit use of your Gift Card if your Gift Card or Gift Card code has been reported lost or stolen, or if we believe your Gift Card balance is being used suspiciously, fraudulently, or in an otherwise unauthorized manner.

If your Gift Card code stops working, your only remedy is for us to issue you a replacement Gift Card code. By participating in a special offer or promotion, you agree that you may not later claim that the rules of that special offer or promotion were ambiguous.

 

WARRANTIES.

WE ARE DEDICATED TO MAKING OUR SERVICES THE BEST THEY CAN BE, BUT AS HUMANS WE’RE NOT PERFECT AND SOMETIMES THINGS CAN GO WRONG. YOU UNDERSTAND THAT OUR SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED).

WE ARE EXPRESSLY DISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.

 

WE DO NOT GUARANTEE THAT:

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

LIABILITY LIMITS. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER METAL CLAY ADVENTURES, NOR OUR EMPLOYEES OR DIRECTORS SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS.

IN NO EVENT SHALL METAL CLAY ADVENTURES’S AGGREGATE LIABILITY FOR ANY DAMAGES THAT EXCEED THE GREATER OF ONE HUNDRED ($100) US DOLLARS (USD) OR THE AMOUNT YOU PAID METAL CLAY ADVENTURES IN THE PAST TWELVE MONTHS.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

Term; Termination These terms of usage are applicable to you upon your accessing the site and/or completing a site registration, registering for / purchasing a service or shopping process. These terms of usage, or any part of them, may be terminated by Metal Clay Adventures without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

 

Notice Metal Clay Adventures may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided.

 

Governance Your use of this site shall be governed in all respects by the laws of the province of British Columbia, Canada, without regard to choose of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of products or services from Metal Clay Adventures) shall be in the provincial or federal courts located in Nanaimo, British Columbia. Products or services purchased from a member seller will be governed by the local applicable authorities in the location of the seller.

Arbitration. You and Metal Clay Adventures agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language. Both parties agree to share arbitration costs equally between all implicated parties.

Any cause of action or claim you may have with respect to the site must be commenced within one (1) year after the claim or cause of action arises. A failure by Metal Clay Adventures to insist upon or enforce strict performance of any provision of these terms of usage shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms of usage. Metal Clay Adventures may assign its rights and duties under this Agreement to any party at any time without notice to you.

 

Site Usage Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Metal Clay Adventures or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

 

Participation Disclaimer Metal Clay Adventures does not and cannot review all communications and materials posted to or created by users accessing the site forums or member pages, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Metal Clay Adventures is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Metal Clay Adventures reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Metal Clay Adventures in its sole discretion

 

Indemnification You agree to indemnify, defend, and hold harmless Metal Clay Adventures, its officers, directors, employees, agents, licencors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms of usage or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

 

Third-Party Links In an attempt to provide increased value to our visitors, this site may link to sites operated by third parties. However, even if the third party is affiliated with Metal Clay Adventures, Metal Clay Adventures has no control over these linked sites, all of which have separate privacy and data collection practices, independent of this site. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Metal Clay Adventures seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only our own site, but for sites it links to as well (including if a specific link does not work).

Graphics / image usage attribution

Site design

In compliance with the Digital Millennium Copyright Act (DMCA) which is a United States copyright law. All graphics or non-jewelry images are used under license by the creator. We respect the intellectual and creative property of others, as such, please contact us should you feel that any of the graphics / images infringe on your copyright.

Attribution:

Freepix.com - Royalty free license for all usage including commercial usage with attribution. Images or graphics acquired from Freepix may have been modified, used in part or in full and by this attribution comply with the commercial usage policy of Freepix.

Pixabay.com - Royalty free license for all usage including commercial usage with attribution. Images or graphics acquired from Pixabay may have been modified, used in part or in full and by this attribution comply with the commercial usage policy of Pixabay.