IMPORTANT: ALL USERS MUST READ THIS SECTION
This is a summary of our terms, conditions and privacy policies. For our complete terms and conditions, please read below and visit our Privacy Policy.
● Your privacy is important to us and we will protect it. We will not share your personal information with anyone other than those listed in our Privacy Policy.
● As a condition of purchase, The Fly Cut requires your permission to send you administrative and promotional emails. We will send you information regarding your account activity and purchases, as well as updates about our products and promotional offers. You can opt-out of our promotional emails at any time by emailing us at privacy@theflycut.com with a subject line of "Unsubscribe". Please see our Privacy Policy for details.
● By placing an order, you make an offer to us to purchase products you have selected based on standard The Fly Cut restrictions, merchant-specific restrictions, and on the terms and conditions stated below.
● You are required to create an account in order to purchase any product from our site. This is required so we can provide you with easy access to print your orders, view your past purchases, and modify your preferences.
● The Fly Cut takes no responsibility for the services or products for which The Fly Cut certificates may be redeemed – The Fly Cut makes no warranty to users for the quality, safety, usability, or other aspect of the product or service for which the The Fly Cut certificate is redeemed. Some services for which The Fly Cut certificates can be redeemed are activities that involve potential bodily harm, and for those activities, The Fly Cut takes no responsibility for the service or activity being offered, and Users take responsibility for his or her own actions in utilizing the services for which the The Fly Cut certificate can be redeemed. See Section 7, below, for more information on this limitation of The Fly Cut's liability.
● The Fly Cut certificate you purchase is redeemable for goods or services by the seller of such goods and services, hereinafter defined as "Merchant." The Merchant, not The Fly Cut, is the seller of the goods and services. The Fly Cut sells a certificate that can be redeemed in connection with your purchase of the goods or services from Merchant.
● If you have any questions about these terms, please contact The Fly Cut.
IMPORTANT: ALL USERS MUST READ THIS SECTION
The Fly Cut, LLC
ACCEPTANCE OF TERMS AND CONDITIONS
By using The Fly Cut's website, which includes the Shake Your Beauty blog (the "Website"), you (the "User", the "End User" or "Users") agree to the terms and conditions that we ("The Fly Cut") have provided. If you do not agree to the outlined terms and conditions (the "Terms of Use" or "Agreement"), please exit the Website.
The Fly Cut reserves the right to make any changes to our Terms of Use and/or our Privacy Policy (which is incorporated herein by reference) as we deem necessary or desirable without prior notification to you. We suggest to you, therefore, that you re-read this important notice containing our Terms of Use and Privacy Policy from time to time in order that you stay informed as to any such changes. If we make changes to our Terms of Use and Privacy Policy and you continue to use our Website, you are impliedly agreeing to the Terms of Use and Privacy Policy expressed herein.
TERMS OF USE
1. Definitions.
"The Fly Cut" provides an interactive online service operated by The Fly Cut, LLC (herein referred to as "The Fly Cut") on the World Wide Web of the Internet (the "Web"), consisting of information services, content and transaction capabilities provided by The Fly Cut, Shake Your Beauty blog, affiliates of The Fly Cut and other third parties.
2. General.
This Agreement sets forth the terms and conditions that apply to the use of this Website by the Users. By using this Website (other than to read this Agreement for the first time), you, Users, agree to comply with all of the terms and conditions hereof. The right to use this Website is personal to Users and is not transferable to any other person or entity. Users shall be responsible for protecting the confidentiality of her/his password(s), if any. Users acknowledge that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of The Fly Cut, and The Fly Cut shall not be responsible for any data lost while transmitting information on the Internet. While it is The Fly Cut's objective to make the Website accessible 24 hours per day, 7 days per week, the Website may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside the control of The Fly Cut, access to the Website may be interrupted, suspended or terminated from time to time. The Fly Cut shall have the right at any time to change or discontinue any aspect or feature of The Fly Cut, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, The Fly Cut may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
3. Modified Terms.
The Fly Cut reserves the right at all times to discontinue or modify any of our Terms of Use and/or our Privacy Policy as we deem necessary or desirable without prior notification to you. Such changes may include, among other things, the adding of certain fees or charges. We suggest to you, therefore, that you re-read this important notice containing our Terms of Use and Privacy Policy from time to time in order that you stay informed as to any such changes. If we make changes to our Terms of Use and Privacy Policy and you continue to use our Website, you are impliedly agreeing to the Terms of Use and Privacy Policy expressed herein. Any such deletions or modifications shall be effective immediately upon The Fly Cut's posting thereof. Any use of The Fly Cut by Users after such notice shall be deemed to constitute acceptance by Users of such modifications.
4. Equipment.
Users shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Website and all charges related thereto. The Fly Cut shall not be liable for any damages to the Users' equipment resulting from the use of this Website.
5. Users Conduct. This Website and any individual sites or merchant-specific, city-specific, or state-specific sites now or hereinafter contained within or otherwise available through external hyperlinks with our Website (the "Microsites") are private property. All interactions on this Website and/or the Microsites must comply with these Terms of Use. Although we welcome and encourage user interaction on our Website, we do insist and require that Users restrict any and all activity in connection with the use of this Website and the Microsites to that which involves lawful purposes only. Users shall not post or transmit through this Website any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without The Fly Cut's express prior, written approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in The Fly Cut's exclusive discretion restricts or inhibits any other User from using or enjoying this Website and/or any of the Microsites is strictly prohibited. Users shall not use this Website or any of the Microsites to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Website and/or the Microsites to become users of other on- or offline services directly or indirectly competitive or potentially competitive with The Fly Cut.
The foregoing provisions of this Section 5 apply equally to and are for the benefit of The Fly Cut, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. Copyright and Trademarks.
Everything located on or in this Website, including the Microsites, is the exclusive property of The Fly Cut, LLC or used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF THE FLY CUT, LLC IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject the offending User/s to civil and / or criminal penalties. This Website may contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of The Fly Cut protected by copyright as a collective work under the United States copyright laws. The Fly Cut claims copyright ownership in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Users may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Users may download / print / save copyrighted material for Users' personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of The Fly Cut and the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Users acknowledge that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Website or a Web site otherwise owned or operated in conjunction with The Fly Cut shall not be deemed to be in the public domain but rather the exclusive property of The Fly Cut, unless such site is under license from the Trademark owner thereof in which case such license is for the exclusive benefit and use of The Fly Cut, unless otherwise stated. Users shall not upload, post or otherwise make available on this Website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. The Fly Cut does not have any express burden or responsibility to provide Users with indications, markings or anything else that may aid Users in determining whether the material in question is copyrighted or trademarked. Users shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Website, a User warrants that the owner of such material has expressly granted The Fly Cut the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Users also permit any other Users to access, view, store or reproduce the material for that Users' personal use. Users hereby grant The Fly Cut the right to edit, copy, publish and distribute any material made available on this Website by Users.
The foregoing provisions of Section 6 apply equally to and are for the benefit of The Fly Cut, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
7. Disclaimer of Warranty; Limitation of Liability.
USER EXPRESSLY AGREES THAT USE OF THIS SITE AND THE MICROSITES IS AT USER'S SOLE RISK. NEITHER THE FLY CUT, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS SITE OR THE MICROSITES.THIS SITE AND THE MICROSITES ARE MADE ACCESSIBLE ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT THE FLY CUT IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
IN NO EVENT SHALL THE FLY CUT OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THIS SITE OR THE CONTENTS HEREOF, INCLUDING THE MICROSITES AND ANY SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE. THE FLY CUT AND USERS HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS SITE AND THE MICROSITES.
IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER THE FLY CUT, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS SITE OR ANY OF THE MICROSITES, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
THE FLY CUT IS NOT RESPONSIBLE FOR ANY CONTENT THAT A USER, SUBSCRIBER, OR AN UNAUTHORIZED USER MAY POST ON THIS SITE OR ANY OF THE MICROSITES. ANY CONTENT THAT IS POSTED OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE CAN AND MAY BE TAKEN DOWN BY The Fly Cut. MOREOVER, THE FLY CUT RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE AND PROHIBIT ANY AND ALL CONTENT THAT IT, THE FLY CUT, DEEMS UNSUITABLE.
8. Monitoring.
The Fly Cut shall have the right, but not the obligation, to monitor the content of the Website at all times, including any chat rooms and forums that may hereinafter be included as part of the Website, to determine compliance with this Agreement and any operating rules established by The Fly Cut, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, The Fly Cut shall have the right to remove any material that The Fly Cut, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
9. Privacy.
Users acknowledges that all discussion for ratings, comments, bulletin board service, chat rooms and/or other message or communication facilities (collectively "Communities") are public and not private communications, and that, therefore, others may read any Users' communications without that Users' knowledge. The Fly Cut does not control or endorse the content, messages or information found in any Community, and, therefore, The Fly Cut specifically disclaims any liability concerning the Communities and any actions resulting from a User's participation in any Community, including any objectionable content. Generally, any communication which a User posts to The Fly Cut (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by The Fly Cut as confidential, that fact will be stated on those pages. By posting comments, messages or other information on the Website, Users grant The Fly Cut the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose. For more information see The Fly Cut's Privacy Policy.
10. License Grant.
By posting communications on or through this Website, Users shall be deemed to have granted to The Fly Cut a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.
11. Indemnification.
Users agrees to defend, indemnify and hold harmless The Fly Cut, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of this Website and/or the Microsites by Users.
12. Termination.
The Fly Cut may terminate this Agreement at any time. Without limiting the foregoing, The Fly Cut shall have the right to immediately terminate any passwords or accounts of Users in the event of any conduct by Users which The Fly Cut, in its sole discretion, considers to be unacceptable, or in the event of any breach by Users of this Agreement. The provisions of Sections 3, 5, 6, 7, 10, 11, 12 will survive termination of this Agreement.
13. Trademarks.
The Fly Cut is intended to be a trademark of The Fly Cut, LLC. All rights achieved in respect of this trademark claim are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on The Fly Cut are the property of their respective owners.
14. Third Party Content.
The Fly Cut, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, The Fly Cut has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other Users are those of the respective author(s) or distributors) and not of The Fly Cut. Neither The Fly Cut nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through this Website represents the opinions and judgments of the respective information provider, Users, or other user not under contract with The Fly Cut. The Fly Cut neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on The Fly Cut. Under no circumstances will The Fly Cut be liable for any loss or damage caused by a Users's reliance on information obtained through The Fly Cut. It is the responsibility of Users to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through The Fly Cut. The Fly Cut contains links to third party Web sites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by The Fly Cut of the contents on such third-party sites and The Fly Cut hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party Web sites. If Users decide to access linked third-party Web sites, Users do so at her/his own risk. Unless you have executed a written agreement with The Fly Cut expressly permitting you to do so, you may not provide a hyperlink to the Website from any other website. The Fly Cut reserves the right to revoke its consent to any link at any time in its sole discretion.
15. Miscellaneous.
This Agreement and any operating rules for The Fly Cut established by The Fly Cut constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.
The Fly Cut's headquarters are in Brooklyn, New York. Legal issues arising out of, but not exclusive to the use of, this Website or the Microsites (unless otherwise specifically stated) are governed by and in accordance with the laws of the State of New York (exclusive of its rules regarding conflicts of laws). By using this Website, Users agree that any dispute or claim arising out of or in connection with this Agreement or the performance, breach or termination thereof, or the Website or any Microsite, shall be finally settled by arbitration in New York City, New York under the rules of arbitration of the American Arbitration Association.
II. TERMS OF SALE
By placing an Order, you make an offer to us to purchase the certificates you have selected on the terms and conditions stated below. For more information, please view our privacy policy.
You are required to create an account in order to purchase any product. This is required so we can provide you with easy access to print your orders, view your past purchases, modify your preferences, and to ensure permissible use of the product.
The The Fly Cut certificate you purchase is redeemable for goods or services by the seller of such goods and services, hereinafter defined as "Merchant." The Merchant, not The Fly Cut, is the seller of the goods and services and is solely responsible for redeeming any The Fly Cut certificate you purchase. The Fly Cut sells a certificate that can be redeemed in connection with your purchase of the goods or services from Merchant.
1. Terms and Conditions for The Fly Cut Certificates
● The Fly Cut certificates may be applied only to merchandise or services sold by the respective merchant, and may not be applied to shipping or handling charges.
● Limit one (1) The Fly Cut certificate per redemption. Only one The Fly Cut certificate can be used per order unless otherwise specified by merchant.
● The issuing of credit is at the sole discretion of the merchant unless otherwise required by law.
● Neither the seller nor the merchant is responsible for lost or stolen The Fly Cut certificate or The Fly Cut certificate's reference number.
● Certificate cannot be combined with any other gift certificates, third party certificates, coupons, or promotions, unless otherwise specified by merchant.
● Reproduction, sale or trade of this The Fly Cut certificate is prohibited unless done so in compliance with the law.
● Any attempted redemption not consistent with these terms and conditions will render the The Fly Cut certificate null and void.
● Void to the extent prohibited by law.
● The The Fly Cut offer (including, but not limited to, any discounts) expires on the date specified on the The Fly Cut certificate, except that the Merchant may continue to redeem the unused cash amount you paid for the The Fly Cut (which is usually less than the original face value of the The Fly Cut) to the extent required by applicable law. See section 3 for a more detailed explanation.
● If you redeem the The Fly Cut certificate for less than its face value, you will not be entitled to a credit, cash or a new The Fly Cut certificate equal to the difference between the face value and the amount you redeemed, unless otherwise required by law. You will only be entitled to a continuing redemption value as noted above if the amount that you paid for the The Fly Cut certificate exceeds the amount you redeemed. For example, if you paid $20 for The Fly Cut certificate which entitles you to purchase $50 of product by February 1, 2013 and you make a purchase for $40 on January 30, 2013, you will not be entitled to a credit or cash equal to the difference between the $50 face value and the amount you redeemed. You will not have any redemption value either because the amount you redeemed is more than what you paid for the The Fly Cut certificate.
2. Additional Terms and Conditions for All The Fly Cut Products
All The Fly Cut certificates printed from the The Fly Cut website or any website associated with The Fly Cut (hereinafter "Certificates") are promotional vouchers that are offered to customers below their face value and shall be subject to the terms and conditions of The Fly Cut and the participating merchant. The Merchant is the seller of the goods or services which you are purchasing.
The holder and issuer of a Certificate is the merchant. As a holder and issuer of the Certificate, the merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the restaurant or the merchant, as well as for any unclaimed property liability arising from unredeemed Certificates. Certificates are redeemable in their entirety only and may not be redeemed incrementally.
According to the laws of the respective states in which you purchased your Certificate, and in which you wish to redeem your Certificate at the Merchant, the Merchant is responsible for allowing you to redeem your Certificate for the cash value based on the money you actually paid for your Certificate (i.e. if you paid $20 for a Certificate which gives you $50 of value to the Merchant, the cash value that you paid is $20, not $50), for a period of time that may extend beyond the expiration date on the Certificate. While the expiration date on the Certificate dictates the last date that you can use your Certificate at Merchant for the promotional offer which is stated on the Certificate, state laws (which vary state-by-state, and which are generally made available by each State on the web) may provide that the Merchant is responsible for honoring the cash value that you paid for your Certificate for a period of time beyond the expiration date stated on the Certificate. If applicable, this is a statutory provision which applies to the Merchant, and it is the sole responsibility of the Merchant (and in no way the responsibility of The Fly Cut, as The Fly Cut is not the Merchant, has no obligations of the Merchant, and is merely selling the promotional certificate on behalf of the Merchant) to comply with such applicable laws and statutes which may govern the Merchant.