Welcome to Fiddlesticks’ website, shopfiddlesticks.com ("Site"). Please review the following basic terms that govern your use of our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by those terms (the "Agreement").
This website is expressly owned and operated by Battery Gluestick LLC (“Fiddlesticks”). The mailing address is 540 Hayes Street, San Francisco, CA 94102. Unless otherwise noted, all design and content featured on shopfiddlesticks.com-including navigational buttons and images, artwork, graphics, photography, text, and the like-are copyrights, trademarks, trade dress, and/or intellectual property that are owned, controlled, or licensed by Fiddlesticks. This website in its entirety is protected by copyright and applicable trade dress. All worldwide rights, titles, and interests are reserved. The contents of our website and the website as a whole are intended solely for your personal, noncommercial use. Any use of our website and its content for purposes other than personal and noncommercial is prohibited without the prior written permission of Fiddlesticks. Do not reproduce, publish, display, modify, sell, or distribute any of the materials from Fiddlesticks. You may, however, download or electronically copy and print any of the page contents displayed on the site, but please remember that these are available for your personal, noncommercial use only. Should you choose to download, copy, or forward any site materials via email, no right, title, or interest in those materials will be transferred to you.
User Comments, Feedback, Postcards and Other Submissions
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Fiddlesticks on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Comments") shall be and remain Fiddlesticks property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Fiddlesticks of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Fiddlesticks will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Fiddlesticks is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
We endeavor to present the most recent, most accurate, and most reliable information on our website at all times. However, there may be occasions when some of the information featured on shopfiddlesticks.com may contain incomplete data, typographical errors, or inaccuracies. Any errors are wholly unintentional and we apologize if erroneous information is reflected in merchandise price, item availability, or in any way affects your individual order. Please be aware that we present our content 'as is' and make no claims to its accuracy, either expressed or implied. We reserve the right to amend errors or to update product information at any time without prior notice. In the event a Fiddlesticks product is listed at an incorrect price due to photographical error, typographical error or error in pricing information from our suppliers, Fiddlesticks shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Fiddlesticks shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Fiddlesticks shall issue a credit to your credit card account in the amount of the incorrect price.
Product and Pricing Information
Although Fiddlesticks has made every effort to display products and their colors as accurately as possible, the displayed colors of the products will depend upon the monitor of the user, and Fiddlesticks cannot guarantee that the user's monitor will accurately portray the actual colors of the products. Products displayed may be out-of-stock or discontinued, and prices are subject to change. Fiddlesticks is not responsible for typographical errors regarding price or any other matter.
Most Fiddlesticks products displayed on the website are available in-store while supplies last. In some cases, web merchandise may not be available in Fiddlesticks stores. Stores may also have different prices or promotional events at different times. Sale prices on the website are Internet-only specials and do not reflect the pricing of Fiddlesticks stores.
Links to Other Web Sites and Services
To the extent that this Site contains links to outside services and resources, the availability and content of which Fiddlesticks does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT FIDDLESTICKS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
This Site is controlled and operated by Fiddlesticks from its offices in San Francisco, California. This Agreement shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the State of California, County of San Francisco and/or the Northern District of California.
This Agreement is effective unless and until terminated by either you or Fiddlesticks. You may terminate this Agreement at any time. Fiddlesticks also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Fiddlesticks sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or Fiddlesticks, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.