Use of this Site
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of Firefly or its suppliers and protected by U.S. and international copyright laws. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited.
Third Party Sites:
References on this Site to any names, marks, products or services of third parties, or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Firefly’s endorsement, sponsorship or recommendation of the third party, its information, products or services. Firefly is not responsible for the practices or policies of such third parties, nor the content of any third party sites, and does not make any representations regarding third party products or services, or the content or accuracy of any material on such third party sites. If you decide to link to any such third party sites, you do so entirely at your own risk.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Firefly will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Firefly on this Site and other than generally available third party web browsers (e.g., Microsoft Explorer, Firefox Mozilla, Google Chrome etc.).
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.
Pricing and Content Information
While Firefly strives to provide accurate pricing information, pricing or typographical errors may occur. Firefly cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price due to an error in pricing, Firefly shall have the right, at Firefly’s sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, Firefly may, at Firefly’s discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
Customers employing mobile devices to browse the Site may encounter pricing or availability information that is either outdated or inaccurate. Accordingly, pricing and availability remain subject to confirmation at checkout for mobile users.
Firefly attempts to be accurate in its product descriptions. However, Firefly does not warrant that product descriptions or other Content of this Site is accurate, complete, reliable, current, or error-free. If you find a product is not as described, your sole remedy is to return it in unused condition.
You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that Firefly and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable.
Quantity Limits and Dealer Sales
You acknowledge that the purchased goods licensed or sold on the Site, which may include technology and software, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. By purchasing, downloading or using technology or software from the Site, you agree to abide by the applicable laws, rules and regulations – including, but not limited to the Export Administration Act and the Arms Export Control Act – and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law.
Copyrights and Trademarks
Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Firefly, one of its affiliates or by third parties who have licensed their materials to Firefly and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of Firefly and is also protected by U.S. and international copyright laws.
Firefly and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of Firefly’s or any third party’s intellectual property rights.
The Firefly, Fireflyglobal.com names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Firefly. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.
User Reviews, Feedback, Submissions
For all reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Firefly on or through this Site, by e-mail or telephone, or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the “Comments”) you grant Firefly a royalty-free, irrevocable, transferable right and license to use the Comments however Firefly desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Comments and/or incorporate such Comments into any form, medium or technology throughout the world.
Firefly does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant Firefly the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify Firefly and its affiliates for all claims resulting from any Comments you submit. Firefly takes no responsibility and assume no liability for any Comments submitted by you or any third party.
We have made significant efforts to accurately display the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
Merchandise Content Disclaimer
PLEASE NOTE THAT, ON OCCASION FIREFLY MAY ALTER ITS LABELS SO ACTUAL PRODUCT PACKAGING AND MATERIALS MAY CONTAIN DIFFERENT INFORMATION THAN THAT SHOWN ON OUR WEB SITE, THUS WE CANNOT GUARANTEE OR ENSURE THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY PRODUCT INFORMATION. WE RECOMMEND THAT YOU DO NOT SOLELY RELY ON THE INFORMATION PRESENTED AND THAT YOU ALWAYS READ LABELS, WARNINGS, AND DIRECTIONS BEFORE USING OR CONSUMING A PRODUCT. FOR ADDITIONAL INFORMATION ABOUT A PRODUCT, PLEASE CONTACT THE MANUFACTURER. FIREFLY ASSUMES NO LIABILITY FOR INACCURACIES OR MISSTATEMENTS ABOUT PRODUCTS. CUSTOMER REVIEWS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. CUSTOMER REVIEWS REFLECT THE INDIVIDUAL REVIEWER’S RESULTS AND EXPERIENCES ONLY AND ARE NOT VERIFIED OR ENDORSED BY FIREFLY.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL FIREFLY OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE FIREFLYSHOP.COM WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF FIREFLY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL FIREFLY BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
Procedure for Making and Responding to Claims of Copyright Infringement.
It is the policy of Firefly to respond to claims of copyright infringement. We will promptly process and investigate notices of alleged infringement by third parties and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (the “DMCA”), where applicable.
Pursuant to the DMCA, notifications of claimed copyright infringement by third parties should be sent to Firefly’s Designated Agent. If you believe that your copyrighted work has been infringed under U.S. copyright law and is accessible on this Site, please notify us by contacting our Designated Agent. Even if you believe that the alleged infringing work was not posted by a third party, please send all notifications of claimed copyright infringement to Firefly’s Designated Agent listed below.
To be effective under the DMCA, notification of claims of copyright infringement by third parties must be a written communication to Firefly’s Designated Agent that includes the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- 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 Firefly to locate the material;
- Information reasonably sufficient to permit Firefly to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification 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.
Firefly’s Designated Agent for notice of claims of copyright infringement can be reached as follows: By e-mail: firstname.lastname@example.org
This contact information is only for reporting claims of copyright infringement. Contact information for other matters is provided elsewhere on this Site. Upon receipt of a valid notification of alleged copyright infringement by a third party, Firefly shall remove or disable access to the material identified in the notice, forward the written notification to the alleged infringer, and take reasonable efforts to notify the alleged infringer that it has removed or disabled access to this material.
You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer or by Firefly, if injured by relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing. If a notice of copyright infringement has been filed against you, you may file a counter notification with the Designated Agent at the address listed above.
To be effective, a counter notification must be a written communication provided to the Firefly’s Designated Agent that includes the following:
- A physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located and that you will accept service of process from the complainant who provided the original notification or an agent of such person or entity.
If Firefly receives a valid counter notification, it shall provide the complainant with a copy of the counter notification, inform the complainant that it will replace the removed material or cease disabling access to it in 10 to 14 days from receipt of the counter notification, and replace the removed material or cease disabling access to it in 10 to 14 business days, provided that Firefly has not received notice from the complainant that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on Firefly’s system.
You should be aware that the DMCA provides substantial penalties for a false counter notice filed in response to a notice of copyright infringement. Claimants who make misrepresentations in their the counter notification statement may be liable for any damages, including costs and attorneys’ fees, incurred by any copyright owner or copyright owner’s authorized licensee, or by Firefly, if injured by relying upon such misrepresentation in replacing the removed material or ceasing to disable access to it.