Terms of Service
USE OF THIS SITE
The site allows you to shop online however, you are prohibited to do the following acts: (a) use our sites, including its services and or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services, or tools (b) collecting information about users’ personal information; (c) post false, inaccurate, misleading, defamatory, or libelous content; (d) take any action that may damage the rating system. For you to complete a purchase on our site, you must provide your full name and current mailing address. You must not transmit any worms or viruses or any code of a destructive nature.
PAYMENTS AND INVOICES
Fly Fusion Magazine has the sole discretion to provide the terms of payment. Unless otherwise agreed, payment must first be received by Fly Fusion Magazine prior to the latter’s acceptance of an order. Unless credit terms have been agreed upon, payment for the products shall be made by credit card or Paypal. Invoices are due and payable within the time period noted on your invoice, measured from the date of the invoice.
Fly Fusion Magazine has the sole discretion to cancel or deny orders, is not responsible for pricing, typographical, or other errors in any offer and reserves the right to cancel any orders arising from such errors. Invoices must be paid within 30 days of the invoice date. Subscription orders not paid in full within 30 days of issuance of invoice will be cancelled.
Refunds will not be provided if you have changed your mind about the purchase of a subscription. Refund on all other items will be accepted, with explanation of return/cancellation, within 30 days of purchase. If the goods are faulty, we will provide refund following the return of the product.
Orders are processed within 5 business days of receipt. All product orders (with the exception of subscriptions) are shipped via regular Canada post service within 5 business days of order processing. Regular Canada Post delivery standards apply.
Subscriptions will begin with the next published issue (unless requested otherwise). Regular subscription delivery dates are mid-February, May, August and November. Subscriptions are delivered by Canada Post or USPS depending on country of residence. Regular publication mail delivery standards apply. Subscription orders received following the regular distribution of each issue (January 15, April 15, July 15 and October 15) and before the current issue distribution cut-off (March 1, June 1, September 1, December 1) will receive the “current issue” 2-4 weeks later than the standards provided above. Orders received following the “current issue distribution cut-off” outlined above will receive the next issue as per the regular subscription delivery dates provided. In the case where a subscription order is received with a request to receive the current issue ($5.00 additional charge), the order will be processed within 5 business days of receipt and shipped via regular Canada post service within 5 business days of order processing. Regular Canada Post delivery standards apply.
RISK OF LOSS
All items purchased from our website are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon our delivery to the carrier.
PRODUCT PRICING & DESCRIPTIONS
The List Price displayed for products on our website represents the full retail price listed on the product itself. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. In cases in which the item’s correct price is higher than our stated price, we will contact you for instructions before shipping
We do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered in our website is not as described, your sole remedy is to return it in unused condition.
EDITING, DELETING AND MODIFICATION
We may edit, delete or modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a notice or a new agreement on our site. YOUR USE OF OUR SITE AND/OR PURCHASE ON OUR SITE FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
ACKNOWLEDGEMENT OF RIGHTS
You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that you will not acquire any right, title, or interest in the site as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the site or proprietary information related thereto.
FRAUDULENT ACTIVITIES are highly monitored in our site and if fraud is detected Fly Fusion Magazine shall resort all remedies available to us, and you shall be responsible for all costs and legal fees arising from these fraudulent activities.
WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY
We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this agreement, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this agreement and will not exceed $100 or the total price of the subject products paid or payable to you whichever is less.
We make no express or implied warranties or representations with respect to the website or any products sold and offered in our website (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. This site and its information, contents, materials, products and services are provided on an “as is” and “as available” basis. You and understand and agree that your use of this site is at your own risk.
You agree not to disclose information you obtain from us and or from our clients, advertisers and suppliers. All information submitted to by an end-user customer pursuant to a Program is proprietary information of Fly Fusion Magazine. Such customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
Failure of Fly Fusion Magazine to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.
No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.
This agreement shall be governed by and construed in accordance with the substantive laws of Alberta, Canada, without any reference to conflict-of-laws principles. Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of Alberta, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence. The entire agreement between the parties with respect to the subject matter hereof is embodied on this agreement and no other agreement relative hereto shall bind either party herein. Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice. In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.