Terms of Service

Please read these terms and conditions carefully before using our Service.

This “Website” (https://www.blueskymoderncraft.com/) is created and operated by Jessica Schunke, owner of Blue Sky Modern Craft. Throughout these Terms of Service (“Terms”) and the Website, the terms “I,” “we,” “us,” and “our” (and their equivalents) refer to Jessica Schunke. I offer this Website, including all information, tools, and services available from this Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting the Website and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Website, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.

By accessing or using any part of the Website, you agree to be bound by these Terms. If you do not agree to all the T of this agreement, then you may not access the Website or use the Service. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

This page will always include the most current version of the Terms, dated at the bottom. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to this page. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

Our Website, including our store, is hosted by Squarespace, our website hosting provider. They provide us with the online e-commerce platform that allows us to sell our products and services to you, as well as provide you with content. We make no explicit representations or warranties as to the safety of your individual use of the Website or their services.

GENERAL PROVISIONS

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence or that you have given us your consent to allow any of your minor dependents to use this Website.

You may not use our products or the Service for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

We reserve the right to refuse service to anyone for any reason at any time.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

AVAILABILITY, ERRORS, INACCURACIES, AND OMISSIONS

There may sometimes be information on our Website or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, availability, or other types of information. We reserve the right to correct any such errors, inaccuracies, or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) or any product without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear in the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. Any offer for any product or service made on this Website is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations or that any errors in the Service will be corrected.

ORDERS AND ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order placed with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. We reserve the right to refuse or cancel an order if fraud or an unauthorized or illegal transaction is suspected.

If you wish to place an order for products available on the Website, you may be asked to supply certain information relevant to your order, including, without limitation, your name, email address, phone number, credit-card number, expiration date of your credit card, billing address, and shipping information. You represent and warrant that (i) you have the legal right to use any credit or debit card(s) or other payment method(s) provided in connection with any order and that (ii) the information you supply to us is true, correct, and complete. By submitting such information, you grant us the right to provide the information to payment-processing third parties for purposes of facilitating the completion of your order. Further information about our use of your personal information can be found in our Privacy Policy.

Any products you purchase can only be returned or refunded in accordance with our Return Policy.

PAYMENT OPTIONS

Payment for orders made through the Site can be made through any of the various payment methods offered in our store, including Visa (credit and debit cards), MasterCard (credit and debit cards), American Express, Discover (U.S. merchants only), Diner's Club, JCB, Afterpay or Clearpay, and Apple Pay (all processed via Stripe) or via Paypal. These methods are subject to change without notice. Payment cards (credit or debit cards) are subject to validation checks and authorization by your card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery of your order.

PROMOTIONS

Any promotions made available through the Service may be governed by rules that are separate from these Terms. If you participate in any promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a promotion conflict with these Terms, the promotion rules will apply.

COPYRIGHT POLICY

Intellectual Property

The Service and its original content, features, and functionality are and will remain our exclusive property. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

We respect the intellectual property rights of others. It is our policy to respond to any claim that content posted on the Service infringes a copyright or other intellectual property of any person.

If you are a copyright owner (or authorized on behalf of one) and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit a notice, including a detailed description of the alleged infringement, in writing by emailing blueskymoderncraft@gmail.com.

You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any content is infringing your copyright.

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing us with the following information in writing via email at blueskymoderncraft@gmail.com (see 17 U.S.C 512(c)(3) for further detail):

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.

  • A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.

  • Identification of the URL or other specific location on the Service where the material that you claim is infringing is located.

  • Your address, telephone number, and email address.

  • 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.

  • 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.

Upon receipt of a notification, we will take whatever action, in our sole discretion, we deem appropriate, including removal of the challenged content from the Service.

THIRD-PARTY LINKS

Our Website may contain links to third-party websites or services that are not owned or controlled by us. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

We strongly advise that you read the terms and conditions and privacy policies of any third-party websites or services that you visit.

To assist you in finding some of the products we use, this Website sometimes uses Amazon affiliate links. As an Amazon Influencer, we may earn a small commission from qualifying purchases made by clicking on one of the links. We only feature products we believe in and use. Affiliate links are marked with an asterisk and noted in each relevant post. In addition, Jessica Schunke is a paid Havel's Sewing brand ambassador and receives products from them to try for free. We only recommend the products we love and do not receive a commission of any sort from purchases made using Jessica’s discount code.

USER COMMENTS AND OTHER SUBMISSIONS

We may, at any time and without restriction, edit, copy, publish, distribute, translate, or otherwise use in any medium any comments, submissions, feedback, creative ideas, suggestions, proposals, plans, or other materials you send to us, whether provided online, by email, by postal mail, or otherwise (collectively, “comments”). We are and shall be under no obligation to (1) maintain any comments in confidence, (2) pay compensation for any comments, or (3) respond to any comments.

We may, but have no obligation to, monitor, edit, or remove content from the Website that we determine, in our sole discretion, is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms.

You agree that any comments you make on the Website will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right, nor will they contain libelous or otherwise unlawful, abusive, or obscene material or any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party on the Website.

PROHIBITED USES

In addition to other prohibitions set forth in the Terms, you are prohibited from using the Website or its content (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

We provide no warranty or undertaking and make no representation of any kind that the Service will meet your requirements; achieve any intended results; be compatible or work with any other software, applications, systems, or services; operate without interruption; meet any performance or reliability standards; or be error-free or that any errors or defects can or will be corrected. We may remove the Service for indefinite periods of time or cancel the Service at any time without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Jessica Schunke, Blue Sky Modern Craft, or our employees; affiliates; agents; contractors; suppliers; service providers; or licensors be liable for any injury; loss; claim; or any direct, indirect, incidental, punitive, special, or consequential damages of any kind — including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise — arising from your use of the Service or any products procured using the Service or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of the Service or any content or product posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. In such a case, the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Jessica Schunke, Blue Sky Modern Craft, and our employees; affiliates; agents; contractors; suppliers; service providers; and licensors from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

SEVERABILITY

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

TERMINATION

We may terminate or suspend your right to use the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation, if you breach these Terms. If we do so, you will remain liable for all amounts due up to and including the date of termination.

ENTIRE AGREEMENT

Any failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms and any policies or operating rules posted by us on this Website or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

GOVERNING LAW

The laws of the United States, excluding its conflicts-of-law rules, shall govern these Terms and your use of the Service. Your use of the Website and/or Service may also be subject to other local, state, national, or international laws.

CONTACT INFORMATION

If you have any questions about these Terms, you can contact us via email at blueskymoderncraft@gmail.com.

 

Last updated November 10, 2022