Terms of service
Terms of Service
Effective Date: November 1st, 2022
1. Use of the Site
1.1 Eligibility: You must be at least 18 years old and have the legal capacity to enter into these Terms in order to use the website https://flutterflyers.com/ (the "Site") operated by Zen Goat LLC, doing business as Flutter Flyers ("we," "us," or "our"). By using the Site, you represent and warrant that you meet these eligibility requirements. If you are using the Site on behalf of an organization, you further represent and warrant that you have the authority to bind that organization to these Terms.
1.2 Account Registration: To access certain features or services on the Site, you may be required to create an account. When registering, you must provide accurate, current, and complete information. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account.
1.3 Prohibited Activities: You agree not to engage in any of the following prohibited activities:
- Violating any applicable laws or regulations.
- Interfering with or disrupting the Site or servers or networks connected to the Site.
- Accessing, tampering with, or using non-public areas of the Site or our computer systems.
- Attempting to probe, scan, or test the vulnerability of the Site or any associated system or network.
- Breaching or circumventing any security or authentication measures.
- Engaging in any activity that could interfere with the availability or proper functioning of the Site.
2. Intellectual Property
2.1 Ownership: All content and materials on the Site, including but not limited to text, graphics, logos, images, videos, and software, are the property of Zen Goat LLC or its licensors and are protected by copyright, trademark, and other intellectual property laws. You acknowledge and agree that you do not acquire any ownership rights in any such content or materials by using the Site.
2.2 Limited License: Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Site for personal, non-commercial purposes. You may not copy, modify, distribute, sell, lease, or create derivative works based on the Site or any part thereof unless expressly authorized by us in writing.
3. Disclaimer of Warranties
The Site and its content are provided on an "as is" and "as available" basis without any warranties of any kind, whether express or implied. We do not warrant that the Site will be uninterrupted, error-free, secure, or free from viruses or other harmful components. To the fullest extent permitted by law, we disclaim all warranties, including but not limited to warranties of accuracy, merchantability, fitness for a particular purpose, and non-infringement.
4. Limitation of Liability
To the fullest extent permitted by applicable law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with your use of the Site or these Terms, even if we have been advised of the possibility of such damages.
5. Indemnification
You agree to indemnify, defend, and hold harmless Zen Goat LLC, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or related to your use of the Site, violation of these Terms, or infringement of any intellectual property or other rights of any third party.
6. Termination
We may suspend or terminate your access to the Site at any time, with or without cause, and without prior notice or liability. Upon termination, your right to use the Site will immediately cease, and you must promptly destroy any copies of materials obtained from the Site.
7. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the United States and the State of Kansas, without regard to its conflict of laws principles. Any legal action or proceeding arising out of or relating to these Terms or your use of the Site shall be exclusively brought in the federal or state courts located in Kansas.
8. Safety Disclaimer
Please note: Flutterflyers are designed to replicate the fluttering motion of real butterflies and can evoke shock or surprise upon release. These products may not be suitable for individuals with heart conditions or other sensitivities to sudden movements. We strongly advise using caution and discretion when utilizing Flutterflyers. We disclaim responsibility for any injuries or harm resulting from the use of our products. It is essential to always supervise children when using the product and adhere to the provided instructions.
9. Changes to the Terms
We reserve the right to modify or replace these Terms at any time. It is your responsibility to review these Terms periodically for any changes. Your continued use of the Site after the posting of any changes constitutes acceptance of those changes.
10. Contact Us
If you have any questions about these Terms, please contact us at:
- Email: sales@flutterflyers.com
- Address: 9727 Antioch Road, Overland Park, KS-66212, United States
- Phone: +1 833-903-3876