Terms of Use

General

This website (the “Website”) is owned, operated and distributed by Avianaya, LLC d/b/a Journelle, a Delaware limited liability company (“Journelle”).  By accessing any part of the Website, you are agreeing to the terms and conditions described below (the "terms of use") AND THE TERMS AND CONDITIONS OF THE JOURNELLE PRIVACY POLICY (the “POLICY”). If you do not agree to any of these terms, YOU SHOULD not use the Website. These Terms of Use apply to all users, including both users who are simply viewing the Website and users who are purchasing goods through the Website.

You acknowledge that Journelle may terminate your account, remove any data or content that you have provided and/or disable your access to the Website, in whole or part, at any time for any reason or no reason, with or without notice and with no liability of any kind.  In addition, Journelle may modify or remove any service or functionality included in the Website at any time, with or without notice and with no liability of any kind.

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Journelle without restriction.

Use of the Web Site is only available only to individuals who are at least 13 years old. If you are not 13 years old, you are not authorized to use the Website.

Journelle may, at its sole discretion, modify this Privacy Policy at any time.  By accessing the Website at any time after such modifications, you are agreeing to such modifications.  This Privacy Policy was last modified as of August 21, 2013.

Transactions on Website

Journelle reserves the right to refuse any order placed on the Website, and may, in its sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event Journelle makes a change to or cancels an order, it will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. Journelle reserves the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors, or to refuse to service a customer for any reason.

Product Information

Many products displayed on the Website are available in select Journelle stores in the United States. The prices displayed on the Website are quoted in U.S. Dollars.  Certain products are available exclusively online through the Website. Occasionally there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. Journelle reserves the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice (including after you have submitted your order). Journelle has made every effort to display as accurately as possible the colors of the products that appear on the Website. However, Journelle cannot guarantee that your computer monitor's display of any color will be accurate.

Links to Other Websites Inks to Other Websites and Services

The Website may contain links to other Websites that are not under the control of Journelle. Journelle has no responsibility for the linked Websites nor does linking constitute an endorsement of any linked Website. Links are provided solely for the convenience and information of the Websites’ users.

User Submissions

Content submitted by users of the Website for public view is referred to in these Terms of Use as “User Submissions.”  You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to your User Submissions (and all content included therein), including the right to authorize Journelle to use the User Submissions in the manner contemplated by the Website and these Terms of Use.
You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions, you hereby grant Journelle an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in any media formats now or hereafter created and through any media channels now or hereafter created. You also hereby grant each user of the Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Use.

Journelle does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with User Submissions. Journelle reserves the right to remove any User Submissions without prior notice (or to refuse to publish any User Submission) for any reason, and to terminate or refuse a User's access to its Website for any reason.

Intellectual Property Rights

Journelle is a provider of an interactive computer service for purposes of 47 U.S.C. section 230. As such, its liability for others' conduct and information is limited as described therein.  Further, Journelle is a service provider pursuant to the Digital Millennium Copyright Act. Pursuant to the Digital Millennium Copyright Act.  If you are a copyright owner and believe that any content on Website infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA").  To provide Journelle notice of an infringement, you must provide a written communication to Journelle LLC, DMCA Infringement Notification Dept., 927 Broadway, 2nd Floor, New York, NY 10010  or to info@journelle.com that sets forth the information specified by the DMCA (see http://www.copyright.gov/title17/92chap5.html#512). You may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.

Warranty Disclaimer and Limitation of Liability

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK, AND THAT THE WEBSITE AND ALL CONTENT INCLUDED THEREIN, AND PRODUCTS PURCHASED THEREBY, ARE PROVIDED TO YOU “AS IS.” TO THE FULLEST EXTENT PERMITTED BY LAW, JOURNELLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE, YOUR USE THEREOF AND THE PRODUCTS PURCHASED THEREBY. JOURNELLE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR ANY CONTENT ACCESSIBLE VIA THE WEBSITE OR PRODUCTS PURCHASED THEREBY AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE THE WEBSITE OR PRODUCTS PURCHASED THEREBY, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF JOURNELLE’S SECURE SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, AND/OR (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY.
IN NO EVENT SHALL JOURNELLE BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING) OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Miscellaneous

You agree that the Website shall be deemed a passive service based solely based in New York and shall not give rise to personal jurisdiction over Journelle, either specific or general, in jurisdictions other than New York. These Terms of Use shall be governed by the internal laws of the State of New York, without regard to its conflict of laws principles. Any claim or dispute between you and Journelle that arises in whole or in part from the Website shall be subject to the exclusive jurisdiction of the federal and State courts located in New York, New York. These Terms of Use, together with the Privacy Policy and any other legal notices published by Journelle on the Website, constitute the entire agreement between you and Journelle concerning the Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Journelle's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

To the fullest extent permitted by applicable law, NO CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER CLAIM, INCLUDING ANY CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE WEBSITE, AND NO CLASS ACTION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you be instituted more than three (3) years after the cause of action arose.

Most communications between Journelle and you will be sent and received electronically. You agree that all agreements, notices, disclosures and other electronic communication exchanged between you and Journelle shall satisfy any legal requirements that such communications be in writing.