Welcome to Cool Bird Art (“we,” “us,” or “our”). These Terms of Use (“Terms”) govern your access to and use of this website, coolbirdart.com (the “Site”), including all content, features, and services offered.
By accessing or using this Site, you agree to be bound by these Terms and all applicable laws. If you do not agree to these Terms, please do not use the Site.
1. ACCEPTANCE OF TERMS
These Terms constitute a legally binding agreement between you (“you” or “User”) and Cool Bird Art. Your use of the Site signifies your acceptance of these Terms.
2. USE OF THE SITE
You may use this Site for personal, non-commercial purposes only. You agree not to:
- Use the Site for any unlawful purpose
- Copy, distribute, or exploit Site content without permission
- Interfere with the security or operation of the Site
We reserve the right to restrict or terminate access for violations of these Terms.
3. ELIGIBILITY
You must be at least 13 years old to use this Site. If you are under 18, you may use the Site only with the involvement of a parent or legal guardian.
4. ORDERS AND PAYMENT
All orders placed through the Site are subject to availability and acceptance.
Payment Processing
Stripe, a third-party payment processor, securely processes payments. Cool Bird Art does not store or process credit card information.
Stripe’s privacy policy:
https://stripe.com/privacy
5. PRODUCT INFORMATION
We make reasonable efforts to display accurate product descriptions, images, pricing, and availability. However, we do not guarantee that all information is error-free or complete.
6. SHIPPING AND RETURNS
Shipping, delivery times, returns, and exchanges are governed by our Shipping & Returns Policy, which is incorporated into these Terms by reference.
7. INTELLECTUAL PROPERTY
All content on the Site—including artwork, illustrations, images, text, graphics, logos, and designs—is owned by Cool Bird Art or its licensors and is protected by copyright and other intellectual property laws.
No content may be copied, reproduced, distributed, or used without prior written permission.
8. THIRD-PARTY LINKS
The Site may contain links to third-party websites. We are not responsible for the content, policies, or practices of any third-party sites.
9. DISCLAIMER OF WARRANTIES
THE SITE AND ALL CONTENT, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
10. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COOL BIRD ART SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SITE OR ANY PRODUCTS PURCHASED THROUGH IT.
11. INDEMNIFICATION
You agree to indemnify and hold harmless Cool Bird Art from any claims, damages, losses, or expenses arising from your use of the Site or violation of these Terms.
12. GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict-of-law principles.
13. ARBITRATION AND DISPUTE RESOLUTION (CALIFORNIA)
Agreement to Arbitrate
Any dispute, claim, or controversy arising out of or relating to these Terms, your use of the Site, or products purchased shall be resolved by binding arbitration, except that either party may bring an individual claim in small claims court if eligible.
Arbitration Rules
Arbitration will be conducted under the American Arbitration Association (AAA) Consumer Arbitration Rules and take place in California, unless otherwise agreed.
No Class Actions
All disputes must be brought on an individual basis. Class actions, collective actions, and representative actions are not permitted.
Exceptions
This arbitration provision does not apply to claims involving intellectual property rights or requests for injunctive relief.
By using this Site, you waive the right to a jury trial.
14. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE
Cool Bird Art respects the intellectual property rights of others.
If you believe that content on this Site infringes your copyright, you may submit a DMCA notification by providing the following information in writing:
- A description of the copyrighted work claimed to be infringed
- The URL or location of the allegedly infringing material
- Your name, address, telephone number, and email address
- A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law
- A statement, under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or authorized to act on the owner’s behalf
- Your physical or electronic signature
DMCA notices should be sent to:
DMCA Agent – Cool Bird Art:
Email: Cool Bird Art Support.
15. CHANGES TO THESE TERMS
We may update these Terms from time to time. Any changes will be posted on this page with an updated effective date. Continued use of the Site constitutes acceptance of the revised Terms.
16. CONTACT INFORMATION
If you have any questions about these Terms of Use, please contact:
Cool Bird Art Support
Email: Cool Bird Art Support