Terms and Conditions of Use
Please read the following terms and conditions carefully. Celebrate with Style®, currently located at www.CelebratewithStyle.com, is an online information and communication service, operated by Celebrate with Style, LLC. Celebrate with Style, LLC provides its service to you, subject to the following Terms and Conditions of Service and Use ("Terms and Conditions"). By using Celebrate with Style, LLC's Web site or by registering on the Site, you agree to be bound by these Terms and Conditions, which we may update without notice to you. You agree to review these Terms and Conditions periodically. If you do not agree to these Terms and Conditions, in whole or in part, please do not use this Site.
Celebrate with Style, LLC reserves the right to change, discontinue, or modify any parts of the Site, including any content or feature(s) with or without notice to you. By continuing to use the Site following any change, you will be deemed to have agreed to such change.
The original and licensed content on the Site is the property of Celebrate with Style, LLC and/or its licensors and is protected by copyright, trademark, and other intellectual property laws. You are not permitted to: (a) de-compile or reverse engineer the Site's software or other content or otherwise attempt to discover any source code; (b) sell, license, sublicense, distribute or commercially exploit the content; (c) make copies of the content available through any means or media other than the Celebrate with Style, LLC site; (d) modify, publish, transmit, license, sublicense, transfer, sell, reproduce, create derivative or collective works from, or in any way otherwise exploit the content, in whole or in part; (e) remove from the content any copyright notices, disclaimers or other indicia of ownership or restrictions on use; (f) remove, modify or edit the substance of any information within the content; (g) copy any information within the content, except that you may download one copy onto a single computer or make one print copy for your personal, non-commercial use.
We encourage you to register on this Site, so that you are better able to utilize the Site and gain access to all services, contests, polls, and other programs that we may offer from time to time. You are eligible to register on the Site if you are over 18. If you register on the Site, you may have access to registrant-only services (e.g., Community Forums,"Readers' Recipe Exchange,""Worth Celebrating," etc.). When using such services, you, as well as Celebrate with Style, LLC, shall be bound by these Terms and Conditions and any other posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms and conditions.
When registering on the Site, you represent that you are 18 years of age or older and agree to provide truthful information about yourself as requested by the registration form and to update the information to keep it truthful and current. If you do not provide truthful or complete information, or if Celebrate with Style, LLC has reason to believe that information is untruthful or incomplete, Celebrate with Style, LLC may suspend or terminate your registration.
Celebrate with Style, LLC may provide links to third party sites (including the sites of our business partners). Celebrate with Style, LLC is not responsible for the content of any other site linked to from our site.
Disclaimer of Warranties
THE SERVICES AND MATERIALS ON THIS SITE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. CELEBRATE WITH STYLE, LLC DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
NEITHER CELEBRATE WITH STYLE, LLC NOR ANY OF ITS AFFILIATED COMPANIES NOR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT THAT ANY FUNCTIONS CONTAINED IN THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER CELEBRATE WITH STYLE, LLC NOR ANY OF ITS AFFILIATED COMPANIES NOR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
YOU ACKNOWLEDGE THAT ALTHOUGH THE SITE MAY PROVIDE ACCESS TO INFORMATION, RESEARCH, AND/OR GENERAL RECOMMENDATIONS ABOUT A VARIETY OF TOPICS, SUCH INFORMATION, RESEARCH, AND/OR RECOMMENDATIONS SHOULD NOT BE CONSTRUED AS AN OPINION REGARDING THE SUITABILITY FOR YOU OR ANY OTHER PERSON OF THAT RECOMMENDATION. YOU AGREE TO MAKE YOUR OWN INDEPENDENT EVALUATION OF THE INFORMATION AS APPLIED TO YOU. NO INFORMATION OBTAINED FROM CELEBRATE WITH STYLE, LLC, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY IMPLIED WARRANTY, WHETHER OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHERWISE.
NEITHER CELEBRATE WITH STYLE, LLC NOR ITS AFFILIATES, SUPPLIERS, ADVERTISERS, SPONSORS, THIRD PARTY SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS SHALL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY COSTS OR DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF CELEBRATE WITH STYLE, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE OUT OF THE BREACH OF ANY WARRANTY, OR CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO AND/OR ALTERATION OF THIS SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR PERSONAL INFORMATION, SUBMISSIONS, OR DATA; (iii) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (iv) ANY OFFENSIVE, DEFAMATORY, OR OBSCENE POSTING MADE ON THE SITE BY ANYONE; (v) THE PURCHASE, USE OR OTHER RELIANCE ON ANY GOODS OR SERVICES OFFERED FOR SALE OR OTHERWISE SOLD OR PROMOTED ON THE SITE; (vi) ANY OTHER MATTER RELATING TO THE SITE, INCLUDING BUT NOT LIMITED TO RESULTS OR OUTCOMES RESULTING FROM PROPERLY FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECIPES CONTAINED IN THE CONTENT OF THIS SITE.
UNDER NO CIRCUMSTANCES WILL CELEBRATE WITH STYLE, LLC BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT AND/OR ANY POSTINGS ON THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Celebrate with Style, LLC will sometimes provide access to other Web sites from our site via links. If you link to another Web site, you will leave this Site and these Terms and Conditions will not apply to your use of, and activities on, those other Web site. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of those Web sites. We do not endorse or approve any products or information offered at sites you reach through our Site.
Liability for Products and Services Offered by Third Parties
You may order services or merchandise from third parties ("Sellers") accessed through links contained on the Celebrate with Style, LLC Site. All matters concerning the merchandise and services desired, ordered, or received from Sellers, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Sellers. CELEBRATE WITH STYLE, LLC MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH REGARD TO ANY GOODS OR SERVICES PROVIDED BY SELLERS, AND DISCLAMS ANY IMPLIED WARRANTIES THAT THE SERVICES OR MERCHANDISE OF SELLERS WILL BE MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. You will not consider Celebrate with Style, LLC nor will Celebrate with Style, LLC be construed as a party to such transactions, whether or not Celebrate with Style, LLC may have received some form of revenue or other remuneration in connection with the transaction. Celebrate with Style, LLC will not be liable for any costs or damages arising out of, either directly or indirectly, your purchase or interaction with any other person involved or related to the transaction.
You agree to indemnify and hold harmless Celebrate with Style, LLC and its affiliates, officers, agents, co-branders or other partners, and employees from any third party claim or demand (including actual attorneys' fees) due or relating to your use of the Site, your violation of these Terms and Conditions, your violation of the Terms and Conditions specifically covering submission of material to this Site, or content you submit to or post on this Site.
These Terms and Conditions constitute the entire agreement between you and Celebrate with Style, LLC and shall govern your use of the Site. These Terms and Conditions shall supercede any prior agreements between you and Celebrate with Style, LLC. If any provision of these Terms and Conditions are found to be invalid, the remainder of the Terms and conditions will remain in full force and effect.
You agree that the laws of the State of New York shall govern all matters relating to this Agreement.
General TermsThis Agreement is effective April 10, 2008, or upon your creating a listing/advertisement on the Site.
Celebrate with Style, LLC reserves the right, but does not have any obligation, to review all materials posted to the site. Celebrate with Style is not responsible in any way whatsoever for any content or other materials posted to the Web site by users.
Celebrate with Style, LLC reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that at Celebrate with Style, LLC's sole discretion are objectionable or in violation of this Agreement.
- Post or transmit any material or content of any kind that violates or infringes in any way upon the rights of others.
- Post content that is abusive, harassing, threatening, defamatory, libelous, false, inaccurate, misleading, offensive, derogatory, vulgar, bigoted or hateful, profane, pornographic, indecent or otherwise objectionable (at our sole discretion), that causes civil or criminal liability, or violates any local, state, or federal law.
- Solicit, encourage, or promote the use of illegal substances or activities.
- Buy or sell products or services on the Site if you are not able to form legally binding contracts.
- Interfere with any other user's listings.
- Distribute or post unauthorized advertising, promotions, junk mail, spam, chain letters, or any other form of solicitation.
- Modify any content on the site other than the text and images contained within your own listing.
- Use any robot, spider, scraper or other automated means to access the Site for any purpose without the express written permission of Celebrate with Style, LLC.
- Bypass any measures we may use to prevent or restrict access to the Site.
- Copy or distribute content from the site, except as such copying explicitly serves to promote and encourage the use of the Site and/or your listing/advertisement on the Site, and includes link(s) to the Site.
We reserve the right to terminate membership of any user who abuses our policies or for any other reason at any time and at the sole discretion of Celebrate with Style, LLC.
We charge annual fees for listings on the Celebrate with Style Celebration Boutique. Fees are subject to change without notice. Once a fee is charged, it is non-refundable. Refund requests will be reviewed at the sole discretion of Celebrate with Style, LLC.
You hereby grant to Celebrate with Style, LLC, a royalty-free, worldwide, transferable, nonexclusive right and license to use the content (both text and images) that you upload to our Site for the purpose of hosting, displaying and publicizing your products and services on the Site. We may also sub-license these rights to a third-party partner for the purposes of publicizing your listing.
Upon removal of your content (both text and images) from the Site, Celebrate with Style, LLC no longer maintains these rights.
RelationshipYou agree that no partnership, agency, joint venture, employer-employee, or franchiser-franchisee relationship is intended or created by this Agreement.
Disclaimer of Liability
You will not consider Celebrate with Style, LLC, nor will Celebrate with Style, LLC be responsible for the actions or inactions of any Site user, including but not limited to posted content.
You will not consider Celebrate with Style, LLC nor will Celebrate with Style, LLC be construed as a party to any transaction that takes place between buyers and sellers of products and services, whether or not Celebrate with Style, LLC may have received some form of revenue or other remuneration related to or in connection with the transaction.
Celebrate with Style, LLC will not be liable for any costs or damages arising either directly or indirectly out of your purchase, intended sale, or actual sale of products and services, or for any interaction with any person involved with or related to any transaction.
You agree to indemnify and hold harmless Celebrate with Style, LLC and its affiliates, officers, agents, co-branders or other partners, and employees from any third-party claim or demand (including actual attorneys' fees) due or relating to your breach of this agreement, your violation of any law or the rights of a third party, your violation of the Terms and Conditions specifically covering submission of material to this Site, your use of the Site, disputes or any transactions between buyers and sellers of products and services, whether or not Celebrate with Style, LLC may have received some form of revenue or other remuneration related to or in connection with the transaction. This indemnification includes any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown.
You agree that the laws of the State of New York shall govern all matters relating to this Agreement.
We do not and will not sell, rent, or share your personal information to third parties without your explicit consent.
You may access and modify only the content (including text and images) that you provide to us.
Except as explicitly stated otherwise, legal notices shall be served to the e-mail address you provide to Celebrate with Style, LLC, on your Registration and profile. Notice shall be deemed given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid.
Celebrate with Style, LLC is located at 4 Devon Road, Great Neck, New York, NY 10007.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement. We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated elsewhere, all amended terms shall automatically be effective immediately after they are initially posted on the Site. This Agreement may not be otherwise amended except in a writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. In the event of termination of this Agreement, all other sections will survive the termination.