Terms and Conditions
Welcome to cobaltfairy.com. Cobalt Fairy LLC and/or its affiliates ("Cobalt Fairy LLC") provide website features and other products and services to you when you visit or shop at cobaltfairy.com, use Cobalt Fairy LLC products or services, use Cobalt Fairy LLC applications for mobile, or use software provided by Cobalt Fairy LLC in connection with any of the foregoing (collectively, "Cobalt Fairy LLC Services"). Cobalt Fairy LLC provides the Cobalt Fairy LLC Services subject to the following conditions.
By using Cobalt Fairy LLC Services, you agree to these conditions. Please read them carefully.
We offer a wide range of Cobalt Fairy LLC Services, and sometimes additional terms may apply. When you use an Cobalt Fairy LLC Service (for example, Your Profile, Cobalt Fairy LLC Video, Your Media Library, or Cobalt Fairy LLC applications) you also will be subject to the guidelines, terms and agreements applicable to that Cobalt Fairy LLC Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
Please review our Privacy Notice, which also governs your use of Cobalt Fairy LLC Services, to understand our practices.
When you use Cobalt Fairy LLC Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Cobalt Fairy LLC Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any Cobalt Fairy LLC Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Cobalt Fairy LLC or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Cobalt Fairy LLC Service is the exclusive property of Cobalt Fairy LLC and protected by U.S. and international copyright laws.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Cobalt Fairy LLC Service are trademarks or trade dress of Cobalt Fairy LLC in the U.S. and other countries. Cobalt Fairy LLC's trademarks and trade dress may not be used in connection with any product or service that is not Cobalt Fairy LLC's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Cobalt Fairy LLC. All other trademarks not owned by Cobalt Fairy LLC that appear in any Cobalt Fairy LLC Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Cobalt Fairy LLC.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Cobalt Fairy LLC or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Cobalt Fairy LLC Services. This license does not include any resale or commercial use of any Cobalt Fairy LLC Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Cobalt Fairy LLC Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Cobalt Fairy LLC or its licensors, suppliers, publishers, rightsholders, or other content providers. No Cobalt Fairy LLC Service, nor any part of any Cobalt Fairy LLC Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Cobalt Fairy LLC. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Cobalt Fairy LLC without express written consent. You may not use any meta tags or any other "hidden text" utilizing Cobalt Fairy LLC's name or trademarks without the express written consent of Cobalt Fairy LLC. You may not misuse the Cobalt Fairy LLC Services. You may use the Cobalt Fairy LLC Services only as permitted by law. The licenses granted by Cobalt Fairy LLC terminate if you do not comply with these Conditions of Use or any Service Terms.
You may need your own Cobalt Fairy LLC account to use certain Cobalt Fairy LLC Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Cobalt Fairy LLC does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Cobalt Fairy LLC Services only with involvement of a parent or guardian. Cobalt Fairy LLC reserves the right to refuse service, terminate accounts, terminate your rights to use Cobalt Fairy LLC Services, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos, videos, and other content; send any other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Cobalt Fairy LLC reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Cobalt Fairy LLC a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Cobalt Fairy LLC and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Cobalt Fairy LLC for all claims resulting from content you supply. Cobalt Fairy LLC has the right but not the obligation to monitor and edit or remove any activity or content. Cobalt Fairy LLC takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All purchases of physical items from Cobalt Fairy LLC are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
Cobalt Fairy LLC does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Cobalt Fairy LLC does not take title to the refunded item.
Cobalt Fairy LLC attempts to be as accurate as possible. However, Cobalt Fairy LLC does not warrant that product descriptions or other content of any Cobalt Fairy LLC Service is accurate, complete, reliable, current, or error-free.
"List Price" means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on Cobalt Fairy LLC and other retailers. Certain products may have a "Was Price" displayed, which is determined using recent price history of the product on Cobalt Fairy LLC.
With respect to items sold by Cobalt Fairy LLC, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Cobalt Fairy LLC is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE COBALT FAIRY LLC SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE COBALT FAIRY LLC SERVICES ARE PROVIDED BY COBALT FAIRY LLC ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. COBALT FAIRY LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE COBALT FAIRY LLC SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE COBALT FAIRY LLC SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE COBALT FAIRY LLC SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, COBALT FAIRY LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COBALT FAIRY LLC DOES NOT WARRANT THAT THE COBALT FAIRY LLC SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE COBALT FAIRY LLC SERVICES, COBALT FAIRY LLC'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM COBALT FAIRY LLC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, COBALT FAIRY LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY COBALT FAIRY LLC SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY COBALT FAIRY LLC SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Any dispute or claim relating in any way to your use of any Cobalt Fairy LLC Service, or to any products or services sold or distributed by Cobalt Fairy LLC or through cobaltfairy.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any Cobalt Fairy LLC Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Cobalt Fairy LLC.
Cobalt Fairy LLC
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
If you believe that your intellectual property rights have been infringed, please submit your complaint using our online form. This form may be used to report all types of intellectual property claims including, but not limited to, copyright, trademark, and patent claims.
We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.
Written claims concerning copyright infringement must include the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail 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; and
- 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.