Posted on 1/3/09
1. Agreement to be Bound.
2. General Information.
When we refer to “we,” “us,” or “our,” we mean Celebrate ‘N Style LLC, a Michigan limited liability company, or the specific division, subsidiary, or affiliate that operates this site, provides its content, or processes information received through it, each as appropriate and applicable.
When we refer to “you” or “your,” we mean the person accessing this site. If the person accessing this site does so on behalf of, or for the purposes of, another person, including a business or other organization, “you” or “your” also means that other person, including a business organization.
3. Copyrights and Other Intellectual Property.
ALL RIGHTS IN ALL MATERIALS POSTED ON THIS SITE EITHER BELONG TO US OR ARE LICENSED BY US WITH THE RIGHT TO SUE AND OTHERWISE ENFORCE INTELLECTUAL PROPERTY RIGHTS IN SUCH MATERIALS. YOU MAY NOT COPY ANY MATERIAL FROM THIS SITE WITHOUT OUR EXPRESS PERMISSION IN FOR FORM OF A RECORD SIGNED BY US.
BY SUBMITTING AN ORDER TO CELEBRATE ‘N STYLE YOU AGREE TO THE FOLLOWING:
YOU CERTIFY THAT YOU ARE THE PARENT OR GUARDIAN OF THE BABY/CHILD WHOSE PHOTO YOU SUBMIT, OR HAVE OBTAINED THE CONSENT OF THE PARENT OR GUARDIAN TO REPRODUCE THE PHOTOS WITH CELEBRATE ‘N STYLE. YOU ALSO CERTIFY THAT YOU OWN OR HAVE THE RIGHTS TO USE ANY INFORMATION OR PICTURES SUPPLIED BY YOU.
4. DMCA Copyright Notifications
We do not knowingly permit anyone to post materials on this site where such posting would violate copyright or other applicable law, including the Digital Millennium Copyright Act (“DMCA”) (including 17 USC § 512). If you are a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed by any material on this site, you may notify us of claimed infringement by sending to us a notice containing the following elements.
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at this site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
(iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our designated agent for receipt of such notices is:
Celebrate ‘N Style LLC
5. Customer Obligations
(a) Compliance with Laws
. You are responsible for all activity occurring under your user account (including the activities of your agents) and will abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with the use of this site, including those related to data privacy, international communications and the transmission of technical or personal data. You will: (i) notify Celebrate ‘N Style immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to Celebrate ‘N Style immediately and use reasonable efforts to stop immediately any copying or distribution of Content that you or your agents know or suspect; and (iii) not impersonate another user of this site or provide false identity information to gain access to or use this site.
(b) No Interruption
. You agree not to interrupt or attempt to interrupt the operation of this site in any way.
(c) Misuse of this site
. You may not make any statements on, or provide or post any information to, this site that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that, without due authorization, incorporates the proprietary material of another.
(d) Information transmitted to
Celebrate ‘N Style. To the extent that you provide to Celebrate ‘N Style any information (including text, graphic materials, pictures, or any other materials):
(1) You represent and warrant to us and to all others that access this site that you own, or possess sufficient rights in, all such information and all such parties may regard such information as publicly disclosable and not your confidential information;
(2) You represent and warrant that you have ownership of all copyright and intellectual property rights or have the authority to grant to us the right to use the likeness of any person appearing in any graphic material in the commercial promotion of our products and/or services and you grant to us that right. If Celebrate ‘N Style does use your material for promotional purposes we will remove all identifiable information;
(3) You grant to us an exclusive, irrevocable, worldwide, fully-paid, royalty-free license to use, reproduce, display, publicly perform, prepare derivative works from, transmit and distribute such information as we see fit;
(4) You grant to us the right to sue or to otherwise enforce all intellectual property rights in such materials (including the right to sue for past infringement) including but not limited to any user of this site or any other person who copies or otherwise uses any such materials; and
(5) We are free to use any ideas, concepts or know-how contained in such information without any compensation or remuneration to you.
(e) Responsibility for Username and Password
. Celebrate ‘N Style may provide to you a username and a password to use in accessing this site. Until you notify us otherwise and we have had a commercially reasonable time to respond to your notice, we will treat every transaction entered into, every authorization received, and every act or omission undertaken using your username and password as fully authorized by you. Except to the extent that your password or account are compromised by our gross negligence, you are entirely and absolutely responsible for all activity performed using your username and password. KEEP YOUR PASSWORD CONFIDENTIAL. DO NOT WRITE IT DOWN. CHANGE IT OFTEN. DO NOT USE COMMON WORDS OR NAMES OF PETS, FAMILY MEMBERS, CELEBRITIES, OR OTHER WORDS THAT ARE EASILY GUESSED.
6. CAN-SPAM, Telephone Consumer Protection Act and Similar Law.
Your use of this site establishes a business or other applicable relationship with us for purposes of CAN-SPAM, the Telephone Consumer Protection Act, and all other applicable laws that address unsolicited commercial communications. By accessing or continuing to access this site, you agree that we or our agents may call, e-mail, or otherwise communicate with you regarding promotion of the sale, lease, or exchange of goods, services, real property, or any other thing of value.
7. Term and Termination.
. This Agreement will commence on the date that you register for access to this site and will continue in full force and effect until Celebrate ‘N Style or you terminate your account in accordance with this Section 8.
(c) Effect of Termination
8. Disclaimer of Warranties.
THE SERVICE IS PROVIDED STRICTLY “AS IS,” AND NEITHER CELEBRATE ‘N STYLE NOR ITS SUPPLIERS MAKE ANY ADDITIONAL WARRANTIES, EXPRESS, IMPLIED, ARISING FROM COURSE OF DEALING OR USAGE OF TRADE OR STATUTORY, AS TO THIS SITE, TECHNICAL SUPPORT, OR ANY MATTER WHATSOEVER. CELEBRATE ‘N STYLE HEREBY DISCLAIMS ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE AND NON-INFRINGEMENT. NEITHER CELEBRATE ‘N STYLE NOR ITS SUPPLIERS WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE SERVICE WILL OPERATE IN THE COMBINATIONS THAT YOU MAY SELECT FOR USE, THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ALL ERRORS WILL BE CORRECTED.
9. Limitation of Liability.
. All notices under this Agreement, including notices of address change, must be in writing and will be deemed to have been given when sent to the following addresses by (1) email with return receipt requested, or (2) United States mail.
To Celebrate ‘N Style :Attn: CEO
Celebrate ‘N Style LLC
To You: We will use the most recent of the mail and email addresses you
provided (1) when registering for this site, or (2) by email or mail
to us more than 30 days before the time we send any notice.
(c) Dispute Resolution.
(d) Governing Law
. This Agreement, and all matters arising under or related hereto, will be governed according to the laws of the State of Michigan, without respect to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement. Any litigation arising under or related to this Agreement will be brought in a state or federal court located in metropolitan Detroit, Michigan, as permitted by law. Customer hereby consents to the personal jurisdiction of the above-referenced courts.
(e) No Waiver
. No failure on the part of Celebrate ‘N Style to exercise, and no delay in exercising, any right, power, or privilege will operate as a waiver thereof; nor will any single or partial exercise of any right preclude any other or further exercise thereof or the exercise of any other right.
(f) Force Majeure
. Celebrate ‘N Style will not be held responsible for any delay or failure in performance hereunder caused in whole or in part by fire, strike, flood, embargo, labor dispute, delay or failure of any subcontract, act of sabotage, riot, accident, delay of carrier or supplier, limitations or delays inherent in the use of the internet, voluntary or mandatory compliance with any governmental act, regulation or request, act of God or by public enemy, or any act or omission or other cause beyond our control.
(g) Other Provisions