Terms of Use, Refund and Privacy Policy

 

TERMS & CONDITIONS BY VISITING BLACKBIRDKREATIVES.COM YOU ARE CONSENTING TO OUR TERMS & CONDITIONS. 

Overview The terms “we”, “us”, “our” “3GypsiesandaPassport.com” and refers to 3 Gypsies and a Passport, a company of Black Bird Kreatives, LLC. The term the “Site” refers to blackbirdkreatives.com, 3gypsiesandapassport.com and all sites connected with Black Bird Kreatives, LLC. The term “user,” “you” and “your” refers to site visitors, customers and any other users of the site. Black Bird Kreatives, LLC provides the website 3 GypsiesandaPassport.com where users can read articles on journaling, travel and adventure and provides a service where users may purchase online digital products, as well as physical goods and services. (the “Service”). Use of the “Sites” including all materials presented herein and all online services provided by Black Bird Kreatives, LLC, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the sites. By using the Site or Service and/or ordering a product from the Site, you agree to these Terms and Conditions, without modification, and acknowledge reading them. 

Use of the Site + Service: To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service related to Black Bird Kreatives, LLC and 3 Gypsies and a Passport and other information are subject to change. Black Bird Kreatives, LLC makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current or error-free. Black Bird Kreatives, LLC and it’s company 3 Gypsies and a Passport disclaims all liability for any inaccuracy, error or incompleteness in the Content. Account Creation In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password and other personal information. You agree that any registration information you give to 3 Black Bird Kreatives, LLC or 3 Gypsies and a Passport will always be accurate, correct and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Lawful Purposes You may use the Site and Service for lawful purposes only. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction. 

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. 

Refusal of Service:  Black Bird Kreatives, LLC and it's site 3 Gypsies and a Passport reserves the right to refuse service to any order, person or entity without obligation to assign reason for doing so. Black Bird Kreatives, LLC and it's site 3 Gypsies and a Passport reserves the right to limit the number of clients it has on digital programs, or in service agreements. Black Bird Kreatives, LLC and it's site 3 Gypsies and a Passport may at any time change or discontinue any aspect or feature of the Site, Product or Service. 

Order Confirmation:  We will email you to confirm the placement of your order and with details concerning product or service delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible. If you’ve signed up for a retainer service or subscription service with us, the retainer/subscription service renews automatically and your credit card will be charged fees stated at the time of purchase (or the introductory rate during introductory period). Price may change at the end of your retainer/subscription period. Your retainer/subscription period and services will start as soon as your credit card is successfully charged. If you have signed up for an online class or workshop, confirmation that we have received your order and payment does not constitute acceptance into the class or workshop. We will email you separately to confirm that you have been accepted into the class or workshop. If you have submitted a deposit or payment in full for a service, Black Bird Kreatives, LLC and 3 Gypsies and a Passport has the exclusive right to deny service if deemed necessary. If service is denied, a refund will be provided in full. 

Cancellations, Refunds & Returns:  All digital product sales are final due to the nature of downloadable files and your irrevocable access to them once they’ve been delivered. If you are on the fence as to whether or not something is a good fit for you please email us with your questions at info@3gypsiesandapassport.com. No refunds will be given on services provided or digital products that have been released to the client. If Black Bird Kreatives, LLC or 3 Gypsies and a Passport would need to cancel a service or product for any reason, before the service has begun or the product has been shipped, a full refund will be given. If service has begun, a pro-rated amount will be refunded based on the service provided. In the event that a client of Black Bird Kreatives, LLC or 3 Gypsies and a Passport is dissatisfied with our services we will make every attempt to right the situation, within reason, and on a case by case basis will determine if a refund is warranted. In the event a client becomes non responsive for 14 days or more, all retainers and fees paid will be forfeited and no refund given. If you are dissatisfied with a product you have received from our store please contact us regarding a refund.  We stand behind our products and are more than happy to work with you on returns (digital and downloaded products are excluded).  We understand that situations arise and life can get crazy so communication is key. Let us know the situation so we can better serve you and protect your investment! Any waiver from the above cancellation and refund policies is at the sole discretion of Black Bird Kreatives, LLC and 3 Gypsies and a Passport. 

Product Description: We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions, because we might not have drank enough coffee the day we published something. We reserve the right to refuse or cancel any order with an incorrect price listing. 

Our Intellectual Property:  All content provided on the Site and in the Service are the intellectual property of Black Bird Kreatives, LLC and 3 Gypsies and a Passport. The content of the Site and Service are protected by United States trademark, trade dress and copyright law. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the content of the Site or the Service, in whole or in part without our prior written consent. You may not remove any trademark, copyright, or other notice from the content of the Site or the Service. We reserve the right to immediately remove you from the Service, without refund, at to pursue all available legal remedies against you if you are caught violating this intellectual property policy. 

Affiliate Disclaimer:  The purpose of this website is to be educational and to provide goods and services. There are a lot of ideas here, and there are also a lot of suggestions for tools, websites, and advice travel, journaling and adventure. Some of the links to these tools and websites are regular links. And some of these links are links that, if you click them and purchase, we might get a commission in exchange. 

Changed Terms:  We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions. Limitation of Liability You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Service. Additionally, Black Bird Kreatives, LLC and 3 Gypsies and a Passport is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if Black Bird Kreatives, LLC and 3 Gypsies and a Passport has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall Black Bird Kreatives, LLC’s or 3 Gypsies and a Passport cumulative liability to you exceed the total purchase price of the Service you have purchased from Black Bird Kreatives, LLC or 3 Gypsies and a Passport, and if no purchase has been made by you Black Bird Kreatives, LLC’s and 3 Gypsies and a Passport’s cumulative liability to you shall not exceed $100. 

Third Party Resources: The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with HOM. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Indemnification You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent. Effect of Headings The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions. Waiver No waiver of any of the provisions of this Agreement by Black Bird Kreatives, LLC and 3 Gypsies and a Passport shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Black Bird Kreatives, LLC or 3 Gypsies and a Passport. 

Notices: All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows: Governing Law; Venue; Mediation This Agreement shall be construed in accordance with, and governed by, the laws of the State of Alaska as applied to contracts that are executed and performed entirely in Alaska. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be in Fairbanks, Alaska. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures. 

Recovery of Litigation Expenses: If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled. Sever-ability If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. Assignment These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sub licensable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid. 

PRIVACY POLICY BY VISITING 3 Gypsies and a Passport, YOU ARE CONSENTING TO OUR PRIVACY POLICY. 

Overview Black Bird Kreatives, LLC and 3 Gypsies and a Passport (sister company) is committed to protecting your privacy online. This Privacy Policy describes the personal information we collect through this website at blackbirdkreatives.com or 3gypsiesandapassport.com (the “Site”), and how we collect and use that information. The terms “we”, “us” and “our”  refer to Black Bird Kreatives, LLC  or 3 Gypsies and a Passport. The term “user,” “you” and “your” refers to site visitors, customers and any other users of the site. The term “personal information” is defined as information that you voluntarily provide to us which personally identifies you and/or your contact information, such as your name, phone number and email address. Black Bird Kreatives, LLC and 3 Gypsies and a Passport provides a website where users can read articles on travel, journaling and adventure and a service where users may purchase online digital products, physical goods or services (the “Service”). Use of blackbirdkreatives.com or 3gypsiesandapassport.com, including all materials presented herein and all online services provided by Black Bird Kreatives, LLC and 3 Gypsies and a Passport, is subject to the following Privacy Policy. This Privacy Policy applies to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to this Privacy Policy, without modification, and acknowledge reading it. 

Information We Collect 

Product Orders. We collect a variety of personal information with each product order. This includes: Your name, address, email address and phone number. This information is shared with our e-commerce software providers to ensure the delivery of your order. We use your email to communicate with you about your order and to manage our customer relationship with you. When you place an order you may be added to our mailing list from which you can unsubscribe at any time using the unsubscribe link in each email or by contacting us at info@3gypsiesandapassport.com. 

Your payment information. We collect payment information for each order but we do not store payment information on our servers. Your payment information is securely communicated to and processed via our e-commerce software providers. All personal information collected for an order is used for the fulfillment of that order and to manage our customer relationship with you. 

Blog Interaction. We only collect the personal information you voluntarily provide to us which may include: Your email address in order to subscribe to our mailing list; Your name, email address and/or social media profile in order to post a comment on our blog via third party provider; Your full name, email address and message in order to contact us via our contact form. Activity. We may record information relating to your use of the Site, such as the searches you undertake, the pages you view, your browser type, IP address, requested URL, referring URL, and timestamp information. We use this type of information to administer the Site and provide the highest possible level of service to you. We also use this information in the aggregate to perform statistical analyses of user behavior and characteristics in order to measure interest in and use of the various areas of the Site. 

Cookies. We may send cookies to your computer in order to uniquely identify your browser and improve the quality of our service. The term “cookies” refers to small pieces of information that a website sends to your computer’s hard drive while you are viewing the Site. We may use both session cookies (which expire once you close your browser) and persistent cookies (which stay on your computer until you delete them). You have the ability to accept or decline cookies using your web browser settings. If you choose to disable cookies, some areas of the Site may not work properly or at all. 

How Your Information is Used. The information you provide is used to process transactions, send periodic emails and improve the service we provide. We do share your information with trusted third parties who assist us in operating our website, conducting our business and servicing clients and visitors. These trusted third parties agree to keep this information confidential. Your personal information will never be shared with unrelated third parties. 

Third Party Links. The Site may contain links to third party websites. Except as otherwise discussed in this Privacy Policy, this document only addresses the use and disclosure of information we collect from you on our Site. Other sites accessible through our site via links or otherwise have their own policies in regard to privacy. We are not responsible for the privacy policies or practices of third parties. 

Security Measures. We maintain security measures to protect your personal information from unauthorized access, misuse or disclosure. However, no exchange of data over the Internet can be guaranteed as 100% secure. While we make every effort to protect your personal information shared with us through our Site, you acknowledge that the personal information you voluntarily share with us through this Site could be accessed or tampered with by a third party. You agree that we are not responsible for any intercepted information shared through our Site without our knowledge or permission. Additionally, you release us from any and all claims arising out of or related to the use of such intercepted information in any unauthorized manner. Sharing. Please be aware that when you use our Site to post comments and share other information, any information that you provide may not be secure and can be collected and used by others. As a result, you should exercise caution before you make such disclosures. 

Children. To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into this Privacy Policy. Children under the age of 18 are prohibited from using the Site. 

How to Update Your Information. If you opt-in to our mailing list, the option to unsubscribe or update will be included in every email. You may also access and correct your personal information and privacy preferences by contacting us with your request at info@3gypsiesandapassport.com. 

Notification of Changes to this Policy. You acknowledge and agree that it is your responsibility to review this Site and this Policy periodically and to be aware of any modifications. Updates to this Policy will be posted on this page. Contact If you have questions about our Privacy Policy, please contact us via regular mail or email at: 3 Gypsies and a Passport,  PO Box 16132 Two Rivers, AK 99716 info@3Gypsiesandapassport.com. 

Updated: September 20, 2022