Terms Of Usage
Terms of usage
Please read the following sections carefully, as they contain the Terms of usage that will govern your use of the Sky-And-Beyond.com website (and all websites owned and operated by Sky-And-Beyond). 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 Sky-And-Beyond 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 Sky-And-Beyond. The collective work may also include works that are licensed to Sky-And-Beyond.
Copyright 2012 – 2019 (including subsequent years), Sky-And-Beyond. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order at www.Sky-And-Beyond.com or purchasing Sky-And-Beyond products or services. 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 at www.Sky-And-Beyond.com or to purchase Sky-And-Beyond products. 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 Sky-And-Beyond. 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.
Warranty Disclaimer This site and the materials on this site are provided "as is" and without warranties of any kind, whether express or implied. Sky-And-Beyond makes every effort to ensure 100% functionality but does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, or that this site or the server that makes the site available are free of viruses or other harmful components that circumvent the high level of security measures. Sky-And-Beyond does not make any warranty or representation regarding the use of the materials on this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. The above limitations may not apply to you based on your location.
Limitation of Liability Sky-And-Beyond shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products sold by Sky-And-Beyond, even if Sky-And-Beyond has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you depending on your location.
Typographical Errors In the event that a product is mistakenly listed at an incorrect price, Sky-And-Beyond reserves the right to refuse or cancel any orders placed for products or services listed at the incorrect price, and further reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Sky-And-Beyond will issue a credit to your credit card account in the amount of the incorrect price paid.
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 Sky-And-Beyond 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 Sky-And-Beyond 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 to Sky-And-Beyond.
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 Sky-And-Beyond) shall be in the provincial or federal courts located in Nanaimo, British Columbia. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Sky-And-Beyond products or services) must be commenced within one (1) year after the claim or cause of action arises. A failure by Sky-And-Beyond 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. Sky-And-Beyond 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 Sky-And-Beyond 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 Sky-And-Beyond 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, Sky-And-Beyond 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, Sky-And-Beyond 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 Sky-And-Beyond in its sole discretion
Indemnification You agree to indemnify, defend, and hold harmless Sky-And-Beyond, 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, Sky-And-Beyond.com may link to sites operated by third parties. However, even if the third party is affiliated with Sky-And-Beyond, Sky-And-Beyond has no control over these linked sites, all of which have separate privacy and data collection practices, independent of www.sky-and-beyond.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Sky-And-Beyond 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
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.
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.