info@mallardbeads.com
info@mallardbeads.com
Agreement for Service
Please review the following terms and conditions (the "Terms") carefully before using our site and before purchasing products, or obtaining content from our website, as the Terms constitute a legally binding agreement by and between our company and you. We are a corporation existing under the laws of the State of Maryland, U.S.A. When we use the word "website," we are referring to our web pages that begin with www.mallardbeads.com.
Your use of our website, registration on our website, or providing to us any content or personal information constitutes your agreement to these Terms, including, but not limited to, our Privacy Policy, which is incorporated herein by reference. Your access to and use of the Site are conditioned on your acceptance of and compliance with these Terms of Service.
Privacy Policy
Included on the website is a Privacy Policy. By using the website, you are acknowledging:
o You have read the Privacy Policy and understand it;
o You Agree to the Privacy Policy and;
o Acknowledge we reserve the right to change the Privacy Policy at any time upon notice to you. This will be accomplished by either posting the new version on our website or advertising a change notice.
o It is your responsibility to review the Privacy Policy and Terms of Service periodically. It is recommended you review them each time you access the website.
Who May Purchase Our Products
Users must be of legal age, 18 years or older, to purchase the products on our website. Anyone under 18 years of age is advised to have a parent or guardian present while browsing and have the parent or guardian make the buying decision. We will not accept liability for any damages that may result from a
misrepresentation of age.
Our products could potentially result in harm to children due to misuse and, as such, are not recommended for children. We sell items that can cut, puncture, choke, strangle or potentially burn a user if misused as examples. We also sell glues and paints that may not be non-toxic. Our products are for adult users for personal or professional use. If you do purchase our products for a minor child, you assume liability for their supervision and use as well as any injury that ensues.
Website Use / Assumption of Risk
Use of this website is at the exclusive sole risk of you, the visitor. We are not responsible if the information on this website is inaccurate or incomplete. The website may contain links to other websites that may be of interest to you, the visitor. Mallard Beads has no control over, nor responsibility for, the content found on those websites or their accessibility. You acknowledge your sole responsibility for, and assume all risk arising from, your use of any such websites or resources.
License and Restrictions
SSubject to your compliance with these Terms of Service, Mallard Beads grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and make personal and non-commercial use of the website. This license does not include any resale or commercial use of the website or its contents; any collection and use of any product listings, descriptions, or prices; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Service are reserved and retained by Mallard Beads or our licensors, suppliers, publishers, rights holders, or other content providers. You may use the website only as permitted by law. The license granted by us terminates if you do not comply with these Terms.
Intellectual Property Rights / Copyright / Trademark
All copyright, trademark, logos, domain names, and other intellectual property rights, title, and interest in all text, images, and other materials on this website are the exclusive property of Mallard Beads or are included with the permission of the relevant owner. Nothing in the Terms of Service gives you a right to use Mallard
Beads’ name, trademarks, logos, domain names, or other distinctive brand features.
You may freely browse the website but are only authorized to access, download, or use information from this website, including any texts, images, audio, and video, etc., for your own non-commercial use. All copyright, trademark, and other proprietary notices must appear on such reproductions. No reproduction of any part of this website may be sold or distributed for commercial gain, nor shall it be modified or incorporated into any other work, publication, or website. YOU SHALL BE SOLELY RESPONSIBLE FOR ANY VIOLATIONS OF ANY LAWS AND FOR ANY INFRINGEMENTS OF THIRD-PARTY RIGHTS CAUSED BY YOUR USE OF THE WEBSITE.
Copyright - All content included in or made available through us, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Mallard Beads or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through the website is the exclusive property of Mallard Beads and protected by U.S. and international copyright laws.
Trademarks - The trademarks, logos, characters, trade dress, and service marks (collectively hereafter referred to as "trademarks") are protected trademarks of Mallard Holdings, LLC. Mallard Bead's trademarks may not be used in connection with any product or service that is not Mallard Beads', in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Mallard Beads. All other trademarks not owned by Mallard Beads that appear on the website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Mallard Beads.
DMCA Policy - The following is provided pursuant to the requirements of the Digital Millennium Copyright Act ("DMCA"), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, designating the Company's agent for the notification of claims of infringement pursuant to Section 512(c) of the Copyright Act, 17 U.S.C. §§ 101 et seq.
If you believe that content available on or through the website infringes one or more of your copyrights, please immediately notify our Copyright Agent by mail at the respective addresses below, providing the information for a notification as described below. A copy of your notification will be sent to the person who posted or stored the material addressed in the notification. Please be advised that pursuant to federal law, you may be held liable for damages if you make material misrepresentations in a notification. Thus, if you are not sure that content infringes your copyright, you should consider first contacting an attorney experienced in copyrights.
All notifications should include the following:
(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) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that site.
(c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Mallard Beads or other party identified in the notification as a "service provider," as such term is defined under the DMCA, to locate the infringing material.
(d) information reasonably sufficient to permit Mallard Beads to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
(e) a statement that you have a good faith belief that use of the infringing material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For this notification to be effective, you must provide it to Mallard Beads' designated agent at:
By e-mail:
info@mallardbeads.com
By mail:
Mallard Beads
1647 S. Federal Way
Boise, ID 83705
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
We will respond to clear notices of alleged copyright and/or trademark infringement that comply with the Digital Millennium Copyright Act’s above notice requirements. We may terminate without notice access, usage or subscription to the website, on a case-by-case basis, for repeat infringers in appropriate circumstances.
We have no obligation to adjudicate IP claims. Claimants and users must understand that we are not an intellectual property tribunal. While we may in our discretion use the information provided in order to decide how to respond to infringement claims, we are not responsible for determining the merits of such claims. If a user responds to a claim of infringement by providing assurances that its content is not infringing, the user agrees that if we thereafter restore or maintain the content, the user will defend and hold us harmless from any resulting claims of infringement brought against us.
Regarding Reviews and Other Content
Visitors may post reviews, comments, photos, and other content, and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, or an infringement of intellectual property rights.
If you do post or submit content, suggestions, comments, or other material, and unless we indicate otherwise, you grant Mallard Beads a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Mallard Beads the right to use the name that you submit in connection with such content as well as any image, likeness, voice, or other personal indicia, identifying characteristics or information in association with your content, if we so choose.
We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Mallard Beads, its users and the public. We also reserve the right to remove content alleged to be infringing another’s intellectual property rights without prior notice, at our sole discretion.
Tax Policy
Mallard Beads collects sales tax from orders shipped within Maryland and Idaho due to having a physical presence in both states. All orders shipped outside of Maryland and Idaho are not subject to sales tax at this time. You may still owe sales tax on your purchase even if we don’t collect it from you. The tax may be reported and
paid on your individual income tax return or by filing a consumer use tax return. You are advised to consult with your state’s department of revenue website. (Alaska, Delaware, Montana, New Hampshire and Oregon do not have sales tax currently).
We do not collect VAT tax from European (EU) purchasers where VAT is required. Purchasers are responsible for VAT taxes and any customs taxes their country may levy on purchases entering their country.
All international orders may be subject to customs fees or taxes. These are separate from shipping charges and are not the responsibility of Mallard Beads. Customs fees and taxes will vary depending on location. Contact your local Customs office if you
have any questions or concerns about these fees.
The European Union (EU) is implementing new customs rules for online purchases made from outside the EU. From July 1, 2021, Value-Add Tax (VAT) will be charged on all commercial goods imported into the EU, regardless of value. This effectively ends the EUR €22 exemption that was used in the past.
Product Descriptions
Mallard Beads attempts to be as accurate as possible. However, we do not warrant that product descriptions or other content of the website is accurate, complete, reliable, current, or error-free. If a product offered by Mallard Beads is not as described, your sole remedy is to return the product unopened, in unused condition. We do not endorse nor have any responsibility for any content on the website by anyone other than our authorized employees or spokespersons while acting in their official capacities.
Free Shipping Policy
No coupon is necessary to receive free shipping on orders that total $35.00 or more BEFORE tax and AFTER coupons/discounts have been applied. You must select the "free shipping" option from the drop-down menu during checkout to receive free shipping. Free shipping for US Customers only.
Refund Policy
To receive a full refund, you must return the item(s) or entire order in unopened good condition within 30 days of purchase. The address for returns is:
Mallard Beads
1647 S Federal Way
Boise, ID 83705 USA
Shipping charges cannot be credited. In the case that you received free shipping, but your return brings your order total below $35.00, a shipping fee will be deducted from your credit.
Returns need to be packaged in sturdy packaging like bubble-padded envelopes or a rigid cardboard box. Items that arrive damaged will not be credited. You may want to insure your package against loss or theft and obtain tracking information. Include a copy of your invoice so we know who to credit and how much.
Should you return your full order there will be a restocking fee of 20% of the purchase price for the entire order.
Defective items will be accepted after 30 days but no longer than 60 days from purchase.
Items that are not subject to return include: Final Sale (unless defective), Clearance/Sale items, chain, special orders, products cut to size, discontinued items, jewelry kits, patterns, items not in original condition, sets, cut or unspooled wire/stringing materials, and products in The Vault category.
If you have questions as to the ability to return an item, please contact us at info@mallardbeads.com.
The only exception to this policy is broken, damaged, or defective products. If you send us an item that cannot be refunded, we will dispose of it and not send it back to you.
Limitation of Liability and Warranty Disclaimer
This website is operated by Mallard Beads. The website is operated on an "As Is," "As Available" basis. Mallard Beads and our third-party providers, affiliates, agents, and licensors make no representations, warranties or conditions of any kind, whether express, implied or statutory, as to the operation of our website and the information, content, materials and products included on our website. We disclaim all representations, warranties and conditions, whether express, implied or statutory, including, but not limited to, implied representations, warranties or conditions of merchantability, fitness for a particular purpose, performance, durability, availability, timeliness, accuracy, completeness, non-infringement, title, security, as well as warranties arising by usage of trade, course of dealing, or course of performance.
We do not warrant that the information will be always available or uninterrupted or error-free, that defects will be corrected, or that the site or the server that makes it available, are free of viruses or other harmful components. We disclaim any responsibility for harm to your computer, loss of data, or other harm that may result from access to or use of the site, including but not limited to contraction of a computer virus. It is your responsibility as the user/visitor to have antivirus and/or anti malware software of your choice, and at your expense installed on your device(s).
Under no circumstances shall Mallard Beads, its officers, directors, agents, third-party providers, affiliates, or licensors be liable to you or any other person or entity for any loss, claim or damages of any kind, including without limitation, direct, indirect, special, incidental, punitive, exemplary, or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of business opportunity, loss of goodwill, loss of the provision of services and support, loss of, or damage to, property, claims of third parties, or other losses of any kind or nature, whether tangible or intangible and whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise that: (1) results from product not being available for use, (2) results from your use of or inability to use the website or any website with which it is linked, or (3) is caused by viruses that infect your computer or other property on account of your access to, use of, or browsing in the website, or your downloading of any materials, data, text, images, video, or audio from the website, in each case, even if we have been advised of the possibility of such damages or losses.
You agree that for any liability related to the purchase of product, Mallard Beads and our third-party providers, affiliates, agents, and licensors are not liable or responsible for any amount of damages above the purchase price (plus shipping, if applicable) invoiced for the product. This is a comprehensive limitation of liability that applies to all losses and damages of any kind whatsoever. Some jurisdictions do not allow the limitations of liability set forth above, so these limitations of liability may not apply to you, and you may have additional rights. If any part of this limitation of liability is found to be invalid or unenforceable for any reason, then the aggregate liability of the company and service providers under such circumstances for liabilities that otherwise would have been limited, will not exceed U.S. $100. We do not seek to exclude or limit liability for fraudulent misrepresentation. Notwithstanding anything in these terms to the contrary, the remedies set forth in these terms apply even if such remedies fail their essential purpose.
Note: the above disclaimers do not apply to any product warranty offered by the product manufacturer.
You acknowledge that our website and the information provided at this website would not be provided by Mallard Beads without the foregoing disclaimers and limitations.
Indemnification
You agree to indemnify, defend, release, and hold harmless Mallard Beads, our affiliates, and our respective directors, officers, employees, agents, third-party providers, licensors, and licensees from any liability, loss, claim, fine, penalty, and expense, including without limitation, reasonable attorney's fees and costs related to (i) your breach of these Terms of Service, including without limitation any representation or warranty contained in this Agreement; (ii) your access to or use of the website; (iii) your provision to Mallard Beads of information or other data; (iv) your violation or alleged violation of any foreign or domestic, federal, state or local law or regulation; or (v) your violation or alleged violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You shall cooperate as fully as reasonably required in the defense of any such claim. Mallard Beads reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
Mobile Message Marketing Program (SMS/MMS) Terms & Conditions
This section has been intentionally left blank pending implementation of this program.
Security
You have the responsibility for safeguarding the login information that you use to access the website and for any activities or actions under your login information. Mallard Beads cannot and will not be liable for any loss or damage arising from your failure to comply with the above. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Service.
You may not do any of the following while accessing or using the website: (i) access, tamper with, or use non-public areas of the website, Mallard Beads computer systems, or the technical delivery systems of Mallard Beads providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the website by any means (automated or otherwise); (iv) forge any TCP/IP packet header or any part of the header information in any email, or in any way use the website to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the website.
You must access content on the website manually by request and not programmatically by macro or other automated means, such as data mining, robots, or similar gathering and extraction tools. You may not use the contents for any unlawful purpose.
Disputes
This Agreement, the entire relationship between you and Mallard Beads, and any litigation or other legal proceeding between you and Mallard Beads (whether grounded in tort, contract, statute, law, or equity) shall be governed by and construed in accordance with the laws of the State of Maryland, U.S.A., without giving effect to its choice of law rules.
Any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in the State of Maryland, U.S.A. before one arbitrator, except that each party retains the right: (1) to bring an individual action in small claims court and (2) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (an “IP Protection Action”). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in the State of Maryland, U.S.A. and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Arbitrations shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
Termination / Waiver / Severability
This Agreement will remain in full force and effect while you use the website. Mallard Beads may terminate your right to use this website, with or without cause at any time in its sole discretion, including, without limitation, your violation of this Agreement, failure to provide accurate registration data, your use creates legal exposure for us, the website is no longer commercially viable, and lack of use. In the event of termination, all representations, warranties, indemnifications, and promises made by you shall survive.
You may end your legal agreement with Mallard Beads at any time for any reason by deactivating your account and discontinuing your use of the website. You do not need to specifically inform us if you stop using the website.
In the event that we determine in our reasonable opinion that you have failed to comply with these Terms of Service, we reserve the right at any time to: Permanently or temporarily disable your account; Permanently or temporarily remove any posting or material uploaded by you to our website; Issue a warning to you; Pursue legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; Take further legal action against you; Disclose such information to law enforcement authorities as we reasonably deem necessary. These responses are not limited, and we may take any other action we deem appropriate.
The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions.
If any section of these Terms of Service is deemed invalid, void, or for any reason unenforceable, that section shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Violation of Terms
If Mallard Beads becomes aware that you have violated any of the Terms of Service, we may immediately take corrective and/or remedial action. Such measures include preventing you from using the website and immediately removing without notice any information, data, and content put on the website by you. If Mallard Beads sustains injury by your violation, we may, in our sole discretion, seek to recover damages.