RESTRICTED ACCESS
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ACCEPTABLE USE POLICY AGREEMENT BETWEEN USER AND CELEBRATION

Celebration.com and other associated Celebration owned domain names used to promote the Celebration.com service are comprised of various web pages and telephone access operated by Celebration Computer Systems, Inc. (“Celebration”) collectively hereinafter referred to as the “Celebration.com Website”. In addition, from time to time Celebration may license the Celebration.com Website or elements thereof to third party marketing affiliates and licensees, provided however, reference hereto is not meant to imply that Celebration has any legal liability or responsibility to Users for any damages caused by (i) the User, (ii) any of Celebration’s underlying service providers and/or marketing affiliates and/or licensees, and (iii) any reasons beyond the reasonable control of Celebration. Any and all responsibilities or liabilities of Celebration are specifically limited as outlined herein.

The Celebration.com Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Celebration.com Website constitutes your agreement to all such terms, conditions, and notices.


MODIFICATION OF THESE TERMS OF USE

Celebration reserves the right to change the terms, conditions, and notices under which the Celebration.com Website is offered, including but not limited to the charges associated with the use of the Celebration.com Website. Celebration encourages you to periodically review this Acceptable Use Policy Agreement so that you can be fully informed and compliant with the terms and conditions governing your use of the Celebration.com Website.


LINKS TO THIRD PARTY SITES

The Celebration.com Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Celebration and Celebration is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Celebration is not responsible for any voice recordings (over the phone or Internet) webcasting, podcasting or any other form of transmission received from any Linked Site. Celebration is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Celebration of any Linked Sites or any products or services which may be sold from said Linked Sites.


NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Celebration.com Website, you warrant to Celebration that you will not use the Celebration.com Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Celebration.com Website in any manner, which could damage, disable, overburden, or impair the Celebration.com Website or interfere with any other party's use and enjoyment of the Celebration.com Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Celebration.com Website.


USE OF COMMUNICATION SERVICES

The Celebration.com Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, video, audio recordings either over the telephone or through the Users computer and/or other message or communication facilities designed to enable you to communicate privately or with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

2. Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

3. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the     operation of another's computer.

4. Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.

5. Conduct or forward surveys, contests, pyramid schemes or chain letters.

6. Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.

7. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

8. Restrict or inhibit any other user from using and enjoying the Communication Services.

9. Violate any code of conduct or other guidelines, which may be applicable for any particular Communication Service.

10. Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

11. Violate any applicable laws or regulations.

Celebration has no obligation to monitor the Communication Services. However, Celebration reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Celebration reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Your use of the Celebration.com Website acknowledges your full acceptance and agreement to the terms and conditions of Celebration’s Privacy Policy, which is incorporated herein for all purposes.

Celebration reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Celebration's sole discretion.

Always use caution when giving out any personally identifying information about yourself in any Communication Service. Celebration does not control or endorse the content, messages or information found in any Communication Service and, therefore, Celebration specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers, hosts, affiliates and licensees are not authorized Celebration spokespersons, and their views do not necessarily reflect those of Celebration. Furthermore, it is agreed that Celebration will have no liability for any statements, representations or otherwise made by any of Celebration’s managers, hosts, marketing affiliates or licensees.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download, view or listen to any materials, videos, recording or the like.


MATERIALS PROVIDED TO OR POSTED ON THE CELEBRATION.COM WEBSITE

Celebration does not claim ownership of the materials you may provide to or post to the Celebration.com Website (including feedback, suggestions or other comments) or post, upload, input or submit via the Internet and/or telephone to the Celebration.com Website or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, recording, providing or submitting your Submission you are granting Celebration all rights, assignments, permissions and licenses necessary to use your Submission in connection with the operation of its business including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, promote, market, sell, license and reformat your Submission; and if you have granted your permission in connection therewith, publish your first and last name in connection with Celebration’s use of your Submissions. Celebration has no obligation to post your name, give you any credit or pay you any compensation in connection with any Submission and furthermore in accordance with the terms and conditions of Celebration’s Privacy Statement, Celebration may use your first name and other unidentifiable data in connection with said Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Celebration is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Celebration's sole discretion.

By posting, uploading, inputting, recording, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, record, input or submit the Submissions.


LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE CELEBRATION.COM WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CELEBRATION AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CELEBRATION.COM WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE CELEBRATION.COM WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

CELEBRATION AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, MESSAGES, VIDEOS, RECORDINGS, GRAPHICS OR ANY OTHER CONTENT CONTAINED ON THE CELEBRATION.COM WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, MESSAGES, VIDEOS, RECORDINGS, GRAPHICS AND OTHER CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. CELEBRATION AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, MESSAGES, VIDEOS, RECORDINGS, GRAPHICS OR OTHER CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CELEBRATION AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF CELEBRATION.COM WEBSITE, WITH THE DELAY OR INABILITY TO USE THE CELEBRATION.COM WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, MESSAGES, VIDEOS, RECORDS, GRAPHICS OR OTHER CONTENT OBTAINED THROUGH THE CELEBRATION.COM WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE CELEBRATION.COM WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CELEBRATION OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE CELEBRATION.COM WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE CELEBRATION.COM WEBSITE.


CREDIT CARD CHARGES AND REFUND POLICY

Should you be dissatisfied with any products or services you may purchase through the Celebration.com Website or associated services for any reason, you should contact the provider of said product or service directly. While Celebration does not moderate, mediate or arbitrate any disputes between you and any third party provider, Celebration would appreciate you informing us so that we can monitor the resolution. It is Celebration’s goal to only link to responsible and responsive third party providers. To request a refund, please email the third party provider directly and kindly explain the reason for your refund request. Your request will investigated by the third party provider and if a refund is allowed, you will be notified via email and your credit card will be credited the amount of the purchase price within thirty (30) days. Please note, should you cancel the charge through your credit card company, in violation of terms and conditions of this Agreement, said cancelation may be deemed theft of service and any such chargeback will be denied.

Please send your complements and complaints regarding any third party product/service provider to:

E-mail us: This e-mail address is being protected from spambots. You need JavaScript enabled to view it


TERMINATION/ACCESS RESTRICTION

Celebration reserves the right, in its sole discretion, to terminate your access to the Celebration.com Website and the related services or any portion thereof at any time, without notice.


GENERAL

To the maximum extent permitted by law, this Agreement is governed by the laws of the State of Texas, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Harris County in all disputes arising out of or relating to the use of the Celebration.com Website. Use of the Celebration.com Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Celebration as a result of this Agreement or use of the Celebration.com Website. Celebration's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Celebration's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Celebration.com Website or information provided to or gathered by Celebration with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and Celebration with respect to the Celebration.com Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and Celebration with respect to the Celebration.com Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this Agreement and all related documents be drawn up in English.


COPYRIGHT AND TRADEMARK NOTICES:

Content provided by Celebration on the Celebration.com Website is: Copyright© 2009 Celebration.com. All rights reserved.


TRADEMARKS

All trademarks which may be used in connection with the Celebration.com Website belong to their respective owners.

No association with any company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.


NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

 
Copyright © 2009 Celebration.com all Rights Reserved