Last Updated: October 7, 2020


Thank you for visiting Brandyinthesky Boutique (Brandyinthesky) at  www.brandyinthesky.com. Use of the website constitutes your agreement with these Terms of Use (the “Terms”), as well as additional terms in applicable portions of the website, including our Privacy Policy available here. If you do not agree, you are not permitted to use this website and you must immediately exit this website.
 

These Terms are updated periodically -- the latest updated date is identified at the top of these Terms so that you can review them again if they have been revised since your last visit to the website. It is your responsibility to review the Terms to determine whether they have changed since your last visit.

 

The website is owned by Brandyinthesky and Brandyinthesky reserves the right to withdraw access to the website and to temporarily or permanently take down the website. You agree that use of the website is at your own risk. You agree to comply with all laws and regulations associated with your use of the website, including, but not limited to, export and re-export control laws.

 

Website Content and Product Postings

Brandyinthesky in its sole discretion, and without notice or liability to you, may update, modify, correct, or delete website content, including, but not limited to, price changes, changes to descriptions of product, the removal of product from the website, and the addition of a limitation in the quantity of specific products that one customer may order.

Brandyinthesky strives to ensure that accurate prices are posted on the website but does not warrant that the price displayed is the correct price. Pricing is in US Dollars. Additionally, Brandyinthesky does not warrant that product descriptions or depictions are accurate. For example, the descriptions may contain typographical errors or the photos or depictions may be enlarged to show detail.

Brandyinthesky does not warrant that every item you view on the website is currently available. For example, some items may be temporarily out-of-stock while other items may have been discontinued but not yet removed from the website. There is no guarantee that items that you view on one visit to the website will be available the next time that you visit the website.

If you notice a discrepancy on the website in pricing, descriptions, or availability, please notify Customer Service at contact@brandyinthesky.com and use the subject line ‘General Information or Feedback’ to send us message. Brandyinthesky appreciates your notifications but does not have a legal duty to update or modify the website.

 

Technology Issues

Brandyinthesky does not warrant that the website will be continuously available, that it will operate without interruptions, or that it will be free of errors or viruses, bugs, or any harmful components. You are solely responsible for taking steps to ensure that any material you obtain from the website is free from such harmful components.

Your device’s screen settings may affect the colors of the product seen on your device which may vary from the actual product. Your screen may cause the product to appear larger or smaller than the actual size (and as noted above, some photos have been enlarged to show detail).

 

Copyright & Trademarks

All content on the website uploaded by or on behalf of Brandyinthesky is protected by copyright, trademark and other applicable laws. ALL RIGHTS RESERVED by Brandyinthesky. You are granted limited permission to use such content but only for your personal, informational, and non-commercial purposes as provided herein. Using Brandyinthesky copyrighted content or trademarks, in whole or in part, without permission is infringement.

 

You may download, print, and copy pages that contain copyrighted content, copyrighted photos, or various Brandyinthesky trademarks for your personal use and review -- e.g., pinning on Pinterest or sharing on other social media sites -- but you may not remove any copyright or trademark notices from those pages or photos and you are not authorized to use any of the content or photos for commercial purposes, such as including them on a site that you are attempting to sell pre-owned Brandyinthesky jewelry, regardless of whether you are selling one piece or multiple pieces (except as allowed by applicable law). You may not use any content in a manner that suggests an association with Brandyinthesky or any of its products or services.

The website may also contain trademarks or copyrighted content of other companies that are the intellectual property of those companies. You may not use those trademarks or copyrighted content and Brandyinthesky is not licensed to grant you permission to use such trademarks.

 

You are not authorized to create derivative works from the content on the website or from the products on the site. Derivative works, under Copyright Law, are works based upon a pre-existing work. For example, you are not authorized, except for personal use, to make jewelry using Brandyinthesky jewelry, or Brandyinthesky designs, in the pieces that you make. Creating derivative works from Brandyinthesky’s designs or jewelry constitutes copyright infringement and Brandyinthesky will challenge any such commercial use. Brandyinthesky’s trademarks may not be copied, downloaded, modified, reproduced, used, or distributed without prior written consent.

 

If you observe that another person, entity, or website is using or contains copyrighted content or our trademarks, please notify us using our Contact Us page or email us at contact@brandyinthesky.com.

Claims of Copyright Infringement (DMCA Notice). Pursuant to the Digital Millennium Copyright Act (DMCA), if you believe that any content hosted by Brandyinthesky on our website infringes your copyright, you (or your agent) may notify our agent:
Email: contact@brandyinthesky.com (please include “DMCA Notice” in the email subject line).

To be effective, your notice must be provided to our copyright agent (by mail or email as indicated above) and include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) specific identification of the copyrighted work(s) believed to have been infringed; (c) identification of the content that a copyright owner claims is infringing upon copyrighted work and information reasonably sufficient to enable us to locate the content on the website, including the unique URL and/or screenshots of the allegedly infringing content if possible; (d) the name, street address, telephone number, and email (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notice is accurate, and “under penalty of perjury” that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Your notice may not be effective if it does not comply with current statutory notice requirements imposed by the DMCA.
 

Links to Websites of Others

Brandyinthesky does not endorse any third-party website, even if we have a link to such website on our website, and we are not responsible or liable for any content on such third-party website. The material on a third-party website could have inaccurate information or be outdated. We encourage you review the legal and privacy terms of any third-party website you visit.

 

Content Submission Policy

Any submission of ideas, data, photos or other content that you make on the website, or on a public forum, or to Brandyinthesky by any other communication medium, whether in response to a promotion or otherwise, is submitted as non-confidential and non-proprietary information. Upon submission, the submitted content becomes subject to the below-described license to Brandyinthesky and may be used, modified, distributed, or disclosed without compensation to you, i.e. free of charge, in marketing, advertising, promotions, designing new products, or for any other use or purpose that Brandyinthesky contemplates, commercial or otherwise, without a requirement to notify you or to obtain your consent or provide you with any form of compensation or recognition. You warrant that you own or have rights to use any information or content that you submit to Brandyinthesky. If you submit photos of persons other than yourself, you warrant that you have obtained the permission of all persons in the photos to submit the photos to Brandyinthesky for use as provided herein.

 

You further agree and warrant that you shall not submit any content:

  • That is known by you to be false, inaccurate or misleading;

  • That infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

  • That is confidential or private information;

  • That violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);

  • That is, or may reasonably be considered to be, abusive, obscene, vulgar, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual or entity;

  • For which you were compensated or granted any consideration by any third-party;

  • That includes any information that references other websites, addresses, email addresses, contact information or phone numbers;

  • That contains any computer viruses, worms or other potentially damaging computer programs or files;

  • That is advertising or promotional material, including any “junk mail”, “spam”, or any other similar solicitation; or

  • That references by name, or that impersonates, a Brandyinthesky employee, another user, customer, person or company.

 

By making submissions, you grant Brandyinthesky a royalty-free, perpetual, irrevocable, and fully sublicensable right to use the submitted content throughout the world in any media and for any purpose and you waive any rights, including moral rights, that you may have in any alterations or modifications of the content.

 

Brandyinthesky may decide, in its sole discretion, to maintain the confidentiality of any communications or correspondence that it receives from you but it is under no obligation to do so. Brandyinthesky is not obligated to review any unsolicited communications or submissions but will review submissions to the extent necessary in response to a Brandyinthesky promotion. Brandyinthesky is not obligated to return any submissions to you or to notify you that it has received any submissions or communications, including correspondence. Brandyinthesky will decide in its sole discretion whether to attribute any submitted content to you and may use your first name, social media username (if applicable), and/or city location without your consent. Brandyinthesky reserves the right to remove any submission that it determines, in its sole discretion, is not appropriate for the website or any other use.

 

Ratings and Reviews Submissions.

Your submission of any ratings and reviews is subject to the Customer Ratings and Reviews Terms of Use available here which are incorporated herein for all purposes.

 

Contest Rules. We will occasionally have contests and promotions that will have their own specific rules or terms and conditions. You understand and agree that you will read any rules or terms and conditions and that such rules and terms and conditions will be incorporated into these website Terms.

 

Disclaimer of Warranties / Liability / Damages

THE WEBSITE AND ANY OF ITS CONTENT ARE PROVIDED “AS-IS," WITH NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, NO WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.

BRANDYINTHESKY SHALL NOT BE LIABLE FOR ANY COSTS, FEES, CLAIMS, OR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT OR INDIRECT, SPECIAL, OR INCIDENTAL DAMAGES, EXPENSES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR INABILITY OF A PERSON TO USE THE WEBSITE, OR DAMAGES ARISING FROM ANY FAILURE OF PERFORMANCE, AN ERROR, OMISSION, AN INTERRUPTION, DEFECT, OR DELAY IN OPERATION, A COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU AGREE THAT BRANDYINTHESKY IS NOT LIABLE FOR ANY CONTENT POSTED BY THIRD-PARTIES, INCLUDING ANY DEFAMATORY, OFFENSIVE, OR OTHERWISE ILLEGAL CONTENT OR CONDUCT OF THIRD-PARTIES. BRANDYINTHESKY RETAINS THE RIGHT TO IMMEDIATELY REMOVE ANY CONTENT THAT IT DETERMINES, IN ITS SOLE DISCRETION, IS NOT APPROPRIATE FOR THE WEBSITE.

INDEMNIFICATION YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS BRANDYINTHESKY FOR ANY COSTS, FEES, CLAIMS, OR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR YOUR FAILURE TO COMPLY WITH THESE TERMS.

 

Miscellaneous

Resolution of Disputes; Venue. You agree to bring any issue to the attention of Brandyinthesky prior to initiating legal action against Brandyinthesky. If legal action is initiated, you agree that the laws of Texas shall apply to all disputes and that any legal action will be decided in the state and federal courts of Nueces County, Texas. You agree with Brandyinthesky that all claims must be brought in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding or as an association.

Severance. The invalidity of any of the terms and conditions contained in these Terms shall not affect the validity and enforceability of any of the other terms or conditions herein.

No Waiver. The failure of Brandyinthesky to enforce a right against you does not waive any right to enforce against you for future violations of the same or a different right.

 

United States Use. The website has been developed to comply with US laws and to promote Brandyinthesky products in the United States, it territories, possessions, and protectorates. Brandyinthesky does not represent that this website and its content are appropriate for use in other countries. If you use the website from a foreign country and purchase goods from a foreign country, you are solely responsible for compliance with any local or foreign laws, including the payment of any foreign taxes owed. If this website collects information from you that would otherwise violate any foreign privacy policy, by your entry of the information on this website, you affirmatively allow for the collection of your individually identifiable information and for the retention of such information in accordance with US privacy laws and waive your rights, if any, to the privacy rights applicable in the country in which you are located when using this website.

 

Website Owner/Operator:

Brandyinthesky Boutique

4833 Saratoga Blvd. #720

Corpus Christi, TX 78413

Email Address: contact@brandyinthesky.com

This website is operated in conjunction with a hosting company and third-party service providers.