CONDITIONS OF USE AND TERMS
Opal Egg Productions, LLC provides website features, services and products when you visit, or shop; or use software provided by Opal Egg Productions, LLC. You agree, on behalf of yourself and all members of your household and others who purchase products under your account, to the following these conditions. Read carefully. Additional terms may apply and you will be subject to the guidelines, terms and agreements applicable to the following Conditions:
PRIVACY
Review our Privacy Notice which also governs use of our website, and to also understand our practices.
ELECTRONIC COMMUNICATIONS
When you use or send e-mails, text messages, and other communications from your computer or mobile device to us, you are communicating with us electronically. You may also consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site; and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included or made available through Opal Egg Productions LLC, [OEP], such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of the company or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through OEP is the exclusive property of OEP and protected by U.S. and international copyright laws.
TRADEMARKS
In addition, graphics, logos, page headers, button icons, scripts, and other proprietary materials are included in or made available through OEP’s potential trademarks or trade dress in the U.S. and other countries. These trademarks and trade dress may not be used in connection with any product or service that is not OEP’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits OEP.
LICENSE AND ACCESS
Subject to compliance with these Conditions of Use and Terms, and with your payment of any applicable purchase, OEP grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial-use of its branding or its products. This license does not include any resale or commercial use of any of OEP content; any collection and use of any product listings, descriptions, or prices; any derivative use of any services, memberships or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use and Terms which are solely reserved and retained by OEP. No Products, Services, nor any Membership may be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without prior express written consent from OEP. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without express written consent of OEP. You may not use any meta tags or any other “hidden text” utilizing its name or trademarks without express written consent. You may only use the OEP Products and Services permitted by law and your grants and rights will terminate if you do not comply with these Conditions of Use and Terms.
YOUR ACCOUNT
You may need to access your own account and use certain services, such as Memberships and you may be required to be logged into the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account, and you agree to accept responsibility for all activities that occur under your account. OEP reserves the right to refuse service, terminate accounts, terminate your rights to use its services, remove or edit content, and/or cancel orders at its sole discretion.
CHILDREN AND PURCHASING
Children, who want to purchase with a credit card or other permitted payment method, may only purchase any product with the permission and involvement of a parent or guardian. Parents and guardians may create profiles for teenagers under the supervision and guidance of the parent or guardian. OEP does not sell any products that are of obscene or are of pornographic nature and not intended for children.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your content. OEP reserves the right (but not the obligation) to remove or edit such content, and regularly reviews posted content.
If you do post content, and unless we indicate otherwise, you grant OEP a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant OEP the right to use the name that you submit in connection with such content, and you represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify OEP from all claims resulting from content you supply. OEP reserves the right but not the obligation to monitor and edit or remove any content and takes no responsibility and assumes no liability for any content posted by you.
INTELLECTUAL PROPERTY COMPLAINTS
OEP respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, including copyrights, please contact [email protected] and the company will respond.
RETURNS
RISK OF LOSS
All purchases of physical items from OEP are made pursuant to shipment by mail. This means that the risk of loss and title for such items passes to you upon delivery by the carrier.
RETURNS AND REFUNDS
Review the following carefully. Refunds and returns can only be processed when eligible items are returned using this Appropriate Method shown here:
Damaged Product. If your product arrives damaged due to mishandling by any third party carrier, you must take pictures of the damage and send to [email protected] within 60 days of the purchase; along with details of your purchase and the method of payment.
If you’re not satisfied with your purchase. You may return the item for a refund, provided the item is returned in the same condition as when it first arrived. We will issue a refund for the purchase price of the item, plus any applicable taxes, to the original form of payment for items returned within 30 days after the delivery date. All returned items must be in their original condition. Shipping fees are not refunded.
Incorrect Product. If you are sending us a return request because you were not sent the item(s) you ordered, please indicate this in your message to [email protected] and kindly indicate what item(s) you were supposed to receive so we know how to process the return and promptly get you the correct product(s).
Note: If your return is shipped after the timeframes indicated, we regret that we cannot issue a refund or send the merchandise back to you.
Required Information For Returns. You must provide detailed and accurate information to facilitate efficient processing. Information needing to be included are: any e-mails, proof of credit card receipt used to make the purchase, your name, e-mail, your physical address and the product description and date of purchase.
Note: You will be required to pay for return shipping. Shipping charges are non-refundable.
Without confirmation from a proof of purchase printout, we cannot process your return and you will not receive a refund.
Return Exceptions: THERE ARE NO RETURNS ON PURCHASES OF INDIVIDUAL POEMS
Send Returns to:
Opal Egg Productions, LLC
32 N. Gould St.
Sheridan, WY. 828O1
OEP takes title of returned physical items when the item arrives back to us.
PRODUCT DESCRIPTIONS
OEP attempts to be as accurate as possible; however, OEP does not warrant that product descriptions or other content is 100% error-free. If a product offered by OEP itself is not as described, your sole remedy is to return it in unused and undamaged condition as to like when it was received. No returns will be accepted without verification first that the product(s) is in an unused and undamaged condition.
MEMBERSHIPS
There are no refunds on any of OEP’s memberships.
PRICING
The price of a product is provided by OEP. Certain products have different pricing based on the description of the product; particularly the Chapbooks being sold. The hand-signed, hand-bound 1st Editions will always have a higher price-point due to their exclusive nature and rarity. OEP’s unsigned Chapbooks will have a different price-point displayed and which is determined by availability and also using recent price history of the product, and price-points may change due to high demand of a product. Downloads of certain products are possible and prices will vary accordingly and are displayed. With respect to items sold, we confirm the price of an item when you order. The items in our store are the correct price and if a higher price was charged than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
Prices are subject to change.
OTHER BUSINESSES
Other businesses may be a part of OEP in the future and potentially provide products, or sell products through the OEP website. We may provide links to affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from OEP. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). OEP does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties.You can carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OPAL EGG PRODUCTIONS [OEP], ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. OEP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OFOEP, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OEP, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE OEP WEBSITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, OPAL EGG PRODUCTIONS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ITS SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) INCLUDED ON, OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM OEP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS TO THE FULL EXTENT PERMISSIBLE BY LAW. OEP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY OF THESE OUTSIDE SERVICES, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY OUTSIDE SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
DISPUTES
Any dispute or claim relating in any way to your use of the OEP website, will be adjudicated in the state of Wyoming or Federal courts. You consent to exclusive jurisdiction and venue in these courts and waive any right to a jury trial.
APPLICABLE LAW
By using any OEP service, you agree that applicable federal law, and the laws of the state of Wyoming, without regard to principles of conflict of laws, will govern these Conditions of Use and Terms and any dispute of any sort that might arise between you and the Company.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Review our other policies, such as pricing or privacy. These policies also govern your use of our services and products.We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.
OUR ADDRESS
Opal Egg Productions, LLC
32 N. Gould St.
Sheridan, WY. 828O1
ADDITIONAL SOFTWARE TERMS
The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Amazon Services (the “Amazon Software”).
- Use of Software. You may use our software solely for purposes of enabling you to use OEP as provided, and as permitted by these Conditions of Use and Terms. You may not incorporate any portion our Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Software in whole or in part. All software used in Opal Egg Productions is the property of the Company and is protected by United States and international copyright laws.
- Use of Third Party Services.When you use our Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties
- No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the OEP Software, whether in whole or in part.
- We may offer automatic or manual updates to the Software at any time and does not require notice to you.
- In the event of any conflict between these Conditions of Use and Terms applicable to any portion of our Software, such as open-source license terms, such other terms will control as to that portion of the our Software and to the extent of the conflict.
HOW TO SERVE A SUBPOENA OR OTHER LEGAL PROCESS
Opal Egg Productions, LLC accepts service of subpoenas or other legal process only through our registered agent. Subpoenas or other legal process may be served by sending them to the above address.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
If you believe your intellectual property rights have been infringed upon, please submit your complaint by email. Identify in your e-mail any intellectual property claims including, but not limited to, copyright, trademark, and patent claims.
We respond quickly to the concerns of rights of owners about any alleged infringement, and respond in the appropriate manner. You may also choose a written claim of copyright infringement and send to the above address.
Written claims concerning copyright infringement must include the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.