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Terms of Use

Please read these Terms of Use (“Terms”, “Terms and Conditions”, “Terms of Use”) for AvianBliss carefully.

By using https://avianbliss.com/, you agree to be bound by these terms and conditions and our privacy policy. In these terms and conditions, the words “website” refer to the AvianBliss website, “we”, “us”, “our” and “AvianBliss” refer to AvianBliss and “you” and “user” refer to you, the user of AvianBliss.

The following terms and conditions apply to the website offered by AvianBliss. This includes the mobile and tablet versions as well as any other version of AvianBliss accessible via desktop, mobile, tablet, social media or other devices.

READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OR OBTAINING ANY INFORMATION FROM AvianBliss.

1. ACCEPTANCE OF TERMS

By visiting the website, you agree to be bound by this agreement. If you do not agree to the terms of this agreement, you should not use or visit the website. We may modify this agreement from time to time, and such modification will be effective when posted on the website. You agree to be bound by any modifications to these terms and conditions when you use the website after such modification is posted on the website; therefore, it is important that you review this agreement regularly.

Use of the website by children under the age of 13 is prohibited and children over the age of 13 must be supervised and given appropriate guidance in the use of our website and the content available on it. It is the responsibility of parents and legal guardians to determine whether any of the content is appropriate for their children. AvianBliss reserves the right to make any necessary checks during registration.

AvianBliss may, in its sole discretion, refuse to offer services to any user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and website is revoked in such jurisdictions.

The website may be used in accordance with these terms and conditions and all applicable local, state, national and international laws, rules and regulations.

By using the website, you represent and warrant that you have full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are not under any legal incapacity or contractual restriction that would prevent you from entering into this agreement.

2. NOTIFICATIONS AND NEWSLETTER

By providing your e-mail address to AvianBliss, you agree that we may use your e-mail address to send you content related to the website. We may also use your e-mail address to send you notifications and other messages, such as changes to website features, news and special content. If you do not wish to receive these emails, you may opt-out of receiving them by sending us your request through the contact information or by using the “unsubscribe” option in the emails. Opting out may prevent you from receiving emails about updates, news or special content.

3. DISCLAIMER

We do not warrant that the information available on the website is accurate, complete or up to date. The contents of this website are provided for information purposes only. Your use of the information available on the website is entirely at your own risk. By accessing the website and the content available on the website, you accept personal responsibility for the results of the use of the information available in the content. You agree that AvianBliss has not guaranteed the results of any action taken, whether or not advised by this website or the content available on this website. AvianBliss provides resources and content for informational purposes only. However, you acknowledge that your ultimate success or failure will be the result of your own efforts, your particular situation, and a number of other circumstances beyond AvianBliss’s control.

4. ADVERTISING

Through the website, AvianBliss may make commercial and advertising information available to users, whether its own or that of third parties, in accordance with good commercial practices. In these cases, AvianBliss does not endorse, guarantee or commit its responsibility for the services and/or timeshares marketed by these third parties, since the platform serves as a communication and advertising channel, but not as a tool for the provision of services. Consequently, it is the full responsibility of the users to access third party websites, assuming the obligation to verify and know the conditions of the services and products offered by third parties.

5. THIRD-PARTY MATERIALS.

“Third-Party Materials” means any content, images, videos, texts or other material that is owned by a third party, such as stock images, videos and texts. Such Third-Party Materials are subject to the applicable third-party terms and licenses, and may only be used as permitted by such terms and licenses.

6. COPYRIGHT

All materials on the website, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by AvianBliss or by third parties that have licensed or otherwise provided their material to the website. You acknowledge and agree that all materials on AvianBliss are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without AvianBliss prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize AvianBliss or any part of the material for any purpose other than its intended purposes is strictly prohibited.

7. COPYRIGHT INFRINGEMENT (DMCA)

AvianBliss will respond to all inquiries, complaints and claims regarding alleged infringement for failure to comply with or violation of the provisions contained in the Digital Millennium Copyright Act (DMCA). AvianBliss respects the intellectual property of others, and expects users to do the same.  If you believe, in good faith, that any material provided on or in connection with the website infringes your copyright or other intellectual property right, please send us your copyright infringement request pursuant to Section 512 of the Digital Millennium Copyright Act (DMCA), via our contact information, with the following information:

  • Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers or a statement regarding ownership of the work should be included.
  • A statement that specifically identifies the location of the infringing material, in sufficient detail so that AvianBliss can find it on the website.
  • Your name, address, telephone number and email address.
  • A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the copyright owner, or its agents, or by law.
  • A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or authorized to act on its behalf.
  • An electronic or physical signature of the copyright owner or of the person authorized to act on the copyright owner’s behalf.

8. PERSONAL DATA

Any personal information you post or submit in connection with the use of the website will be used in accordance with our privacy policy. By using the website, you agree that we may collect and store your personal information. Please see our privacy policy.

9. PROHIBITED ACTIVITIES

The content and information available on the website (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such content and information, is proprietary to AvianBliss or licensed to the AvianBliss by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software or services obtained from or through the website. In addition, the following activities are prohibited:

  • Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission.
  • Violate the restrictions in any robot exclusion headers on the services or bypass or circumvent other measures employed to prevent or limit access to the services.
  • Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
  • Deep-link to any portion of the services for any purpose without our express written permission.
  • “Frame”, “mirror” or otherwise incorporate any part of the website into any other websites or service without our prior written authorization.
  • Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by AvianBliss in connection with the website.
  • Circumvent, disable or otherwise interfere with security-related features of the services or features that prevent or restrict use or copying of any content.
  • Download any content unless it’s expressly made available for download by AvianBliss.

10. DISCLAIMER OF WARRANTIES

Because of the nature of the Internet AvianBliss provides and maintains the website on an “as is”, “as available” basis and makes no promise that use of the website will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.

Our website may from time to time contain links to other websites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.

Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.

You will be responsible for any breach of these terms by you and if you use the websitein breach of these terms you will be liable to and will reimburse AvianBliss for any loss or damage caused as a result.

AvianBliss will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.

These terms do not affect your statutory rights as a consumer which are available to you.

Subject as aforesaid, to the maximum extent permitted by law, AvianBliss excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to AvianBliss and AvianBliss shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:

  • Any incorrect or inaccurate information on the website.
  • The infringement by any person of any intellectual property rights of any third party caused by their use of the website.
  • Any loss or damage resulting from your use or the inability to use the website or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.
  • Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
  • Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessing or using content from the website or from transmissions via emails or attachments received from AvianBliss.
  • All representations, warranties, conditions and other terms which but for this notice would have effect.

11. ELECTRONIC COMMUNICATIONS

No responsibility will be accepted by AvianBliss for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any user, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes.

12. INDEMNIFICATION

You agree to defend and indemnify AvianBliss from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

  • Your breach of this agreement or the documents referenced herein.
  • Your violation of any law or the rights of a third party.
  • Your use of the website.

13. CHANGES AND TERMINATION

We may change the website and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the website constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these terms apply to all users take effect. Furthermore, we may terminate this agreement with you under these terms at any time by notifying you in writing (including by email) or without any warning.

14. ASSIGNMENT

This agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by AvianBliss without restriction.

15. INTEGRATION CLAUSE

This agreement together with the privacy policy and any other legal notices published by AvianBliss, shall constitute the entire agreement between you and AvianBliss concerning and governs your use of the website and the services.

16. DISPUTES

The user agrees that any dispute, claim or controversy arising out of or relating to these terms and conditions, or the breach, termination, enforcement, interpretation or validity thereof or the use of the services, shall be resolved by binding arbitration between the user and AvianBliss, provided that each party retains the right to bring an individual action in a court of competent jurisdiction.

In the event of a dispute arising in connection with the use of the website or the breach of these conditions, the parties agree to submit their dispute to arbitration resolution before a reputable arbitration organization as mutually agreed by the parties and in accordance with applicable commercial arbitration rules.

You agree to initiate a formal dispute proceeding by sending us a communication through our contact information. AvianBliss may choose to send you a written offer after receiving your initial communication. If we offer and send you a settlement offer and you do not accept the offer, or we are unable to resolve your dispute satisfactorily and you wish to continue with the dispute process, you must initiate the dispute resolution process before an accredited arbitration organization and file a separate Demand for Arbitration. Any award rendered by the arbitration tribunal shall be final and conclusive on the parties.

To the fullest extent permitted by law, you agree that you will not file, join or participate in any class action lawsuit in connection with any claim, dispute or controversy that may arise in connection with your use of the website.

The courts of the United States, specifically the courts located in the State of (Insert State), shall have jurisdiction over any dispute, controversy or claim relating to AvianBliss and its business operations. Any such dispute or controversy shall be brought and resolved in the courts of the United States, specifically the courts located in the State of (Insert State).

17. FINAL PROVISIONS

These terms and conditions are governed by the laws of the United States. Use of the website is not authorized in any jurisdiction that does not give effect to all of the provisions of these terms and conditions.

Our performance of these terms is subject to existing laws and legal process, and nothing contained in these terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our website or information provided to or gathered by us with respect to such use.

If any part of these terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.

Any rights not expressly granted herein are reserved.

18. CONTACT INFORMATION

If you have questions or concerns about these terms, the products or the service, please contact us through our contact page or email us: contact [at] avianbliss.com