This Terms of Use agreement is entered into by and between You and Stylish Celebrations (hereafter “Website”, “Site”, “Company”, “We”, “Us”, “Our”).
1. AGREEMENT TO THE TERMS OF USE
These Terms of Use constitute a legally binding agreement between You and Company concerning your access to and use of the stylishcelebrations.com website as well as any other application, media channel or tool related to the Website.
You understand, acknowledge and accept that by accessing this Website, you are bound by all of these Terms of Use. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made expressly available to you, you accept and agree to be bound and abide by these Terms of Use.
Privacy Policy
Moreover, your agreement also means that you’re agreeing to our Privacy Policy. Read our Privacy Policy for more detailed information. Privacy Policy governs the areas of data collection, and how we use and handle such information.
Disclaimer
Your use of our Website is also subject to Our Disclaimer. You can read our Disclaimer policy, which governs the Website. Moreover, the Disclaimer informs users and visitors of the Website of various limitations regarding the information provided on the Website. By agreeing to the Terms of Use, you’re also acknowledging and agreeing with the Disclaimer.
The Website is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Website.
If you do not agree with all these Terms of Use, then you must not access the Website, click on any links or use the Website in any way.
2. ADDITIONS AND MODIFICATIONS TO THE TERMS
We reserve the right to make changes and additions to these Terms of Use from time to time. Any and all changes are effective immediately as soon as we post them on our website. If you continue using the website after we posted our changes to the Terms of Use, it means that you have read the new Terms of Use, understand, acknowledge and agree to them.
3. INTELLECTUAL PROPERTY RIGHTS
This Website/Company is our proprietary property unless otherwise indicated. We have complete ownership and control of any source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (hereafter “Content”) and the trademarks, service marks, and logos contained therein (hereafter “Marks”). The Content and Marks are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws, foreign jurisdictions, and international conventions.
As a visitor and user of this Website, you are given a limited license and are not permitted to break the boundaries of that license.
As a condition of your use of our Website, you agree and acknowledge not to use the Website or any of the resources available for download from the Website for any purpose that is prohibited by these Terms of Use and/or is unlawful. You will not use the Website for any illegal or unauthorized purpose; use the Website to advertise or offer to sell goods and services; engage in unauthorized framing of or linking to the Website; attempt to impersonate another user; interfere with the Website in a way that affects other people’s quality of use of the Website; attempt to bypass or hack any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
The content belonging to the Company or included in the Website is not for resale. In the case you have permission to download something, such a freebie, PDF, ebook, guide, etc., you are not allowed to sell it or transfer it to another person.
You will not delete or alter any content or other proprietary rights or notices. Company and the Website do not grant you any licenses for ownership or proprietary rights.
4. THIRD-PARTY WEBSITES AND CONTENT
Our Website may contain links to third-party websites, articles, blog posts, photographs, quotations, software, and other content (“Third-Party Content”). We do not control, monitor, or endorse any Third-Party Content, and we are not responsible or liable for any content, products, or services provided by third parties.
By clicking on a link to a Third-Party Website or using Third-Party Content, you acknowledge and agree that you do so at your own risk. The Terms of Use of this Website do not apply to any Third-Party Website, and we disclaim any responsibility for your interactions, purchases, or use of such third-party products or services.
Indemnification
You agree and understand that we do not endorse the products or services offered by the Third-Party Websites. You indemnify us from any harm caused by your purchase, use of such products and services.
If you sustain any harm or losses due to your use or purchase of Third-Party Website products or services, you hold us harmless. We are not responsible for your actions or those of Third-Party Websites.
5. CONTENT FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY
Any downloads, articles, and resources provided in the Website and through the Website are solely provided for educational and informational purposes only. Nothing provided in and through the Website should be construed as legal, medical, financial, tax, or any other professional advice. You can find detailed information on this inside the Disclaimer.
6. MODIFICATIONS AND INTERRUPTIONS TO THE SITE
We reserve the right to change, modify, or remove the contents of the Site at any time for any reason at our discretion without needing permission from anyone and without notice. Furthermore, we have no obligation to update any information on our Site.
We will not be liable to Your or any third-party if we decide to modify, change or remove part or all of content from Site, change prices, suspend or discontinue the Site. We cannot guarantee that the Site will be available at all times. We may experience downtime, technical or software difficulties, or simply decide to discontinue for whatever reason.
You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use our Site.
7. GOVERNING LAW
These Terms of Use and your access and use of our Website are governed by and construed in accordance with the laws of the United Kingdom.
8. INTERNATIONAL USERS
This Website and these Terms of Use are controlled, operated and administered by Our Company and Website located in London, United Kingdom. If you access the Website and services from a location outside of the UK, then you are responsible to comply with all the local laws. You acknowledge and agree that you may not access and use this Website and its contents and services in any way, manner or country prohibited by applicable laws and regulations.
9. NO JOINT VENTURE OR PARTNERSHIP
No Joint Venture or Partnership/Agency relationship is created between You and Us by your access and use of the Website, and by these Terms of Use. You further agree that these Terms of Use will not be construed against us simply because we drafted them. You waive any and all defenses you may have based on the electronic form of these Terms of Use and the fact that they are not signed by the parties.
10. NO REFUNDS
All sales of products and/or services and/or advertising spots on this website are final. No refunds will be issued.
We truly believe in giving more than receiving and each of our products and services is designed by keeping this core principle in mind. The prices are intentionally kept reasonably low in price as compared to market value to give you the tools and information you need at an affordable price.
11. TERMINATION
We reserve the right in our sole discretion to refuse, remove, restrict your access, revoke and terminate your use of our website including any or all Content published by you or us at any time for any reason, without notice.
12. ENTIRETY OF THE AGREEMENT
You acknowledge, understand and agree that these Terms of Use, Privacy Policy, and Disclaimer constitute the Entire Agreement between the user and the Company and/or Website.
13. Binding Arbitration (“Arbitration Agreement”)
This Section 13 (“Arbitration Agreement”) applies to any dispute or claim arising out of or relating to your access to or use of the Website, these Terms, or your relationship with the Company. By using the Website, you agree that any such dispute shall be resolved exclusively through binding arbitration as described herein, except where expressly limited by applicable law.
The arbitration shall be conducted under the rules of JAMS, either remotely or at a mutually agreed location. Unless otherwise stated, the arbitration will be governed by the laws of the United Kingdom. The arbitrator shall apply UK law to the merits of the dispute, and this Arbitration Agreement shall be interpreted in accordance with UK law.
Before commencing arbitration, you must first attempt to resolve the dispute informally by sending a written notice to the Company describing the dispute in detail, including your name, contact information, and the requested relief. If the dispute is not resolved within thirty (30) days, you may proceed to binding arbitration.
A. Applicability of Arbitration Agreement. You agree that any dispute or claim against us, or our vendors or service providers(collectively, “We” or “Us”), related in any way to your access or use of this website, to these Terms, or to any aspect of your relationship with Us, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or We may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). You agree that you must commence any arbitration or other claim within one (1) year after the dispute arises; otherwise, the claim is permanently barred, which means that you will no longer have the right to assert a claim regarding the dispute. This Arbitration Agreement will apply, without limitation, to all claims that arose or were asserted before the effective date of these Terms or any prior version of this Arbitration Agreement.
You agree in advance that you will not participate in or seek to recover monetary or other relief in any lawsuit filed against Us, alleging class, collective, and/or representative claims on your behalf. Instead, by agreeing to arbitration, you may bring your claims against any of Us in an individual arbitration proceeding (except for any Batch Arbitration, as described below). If successful on such claims, you could be awarded money or other relief by an arbitrator. You acknowledge that you have been advised that you may consult with an attorney in deciding whether to accept these Terms, including this Arbitration Agreement.
The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
B. Process. To begin a claim, you must first send a letter describing your claim in detail, including your name and contact information, your legal claim, the specific facts giving rise to your claim (including the date(s) and amount(s) of any relevant transaction or interaction with us), and the requested relief. You and We agree to attempt in good faith to negotiate an informal resolution of your claim. If a resolution is not reached within thirty (30) days, you may commence an arbitration action as set forth herein. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, will be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims will be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. You may choose to have the arbitration conducted remotely, based on written submissions, or in person at a mutually agreed location. We will be entitled to make an offer of judgment in the arbitration proceeding. If the offer of judgment is not accepted, and the award is not more favorable than the unaccepted offer, you will be solely responsible for all costs incurred by Us after the offer of judgment is made to the extent permitted by applicable law. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
C. Fees. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing, and/or other fees, and you cannot obtain a waiver from JAMS, we will pay them for you. If the arbitrator determines the claims are frivolous, you agree to pay Us our attorneys’ fees and costs in the arbitration, to the extent permitted by applicable law.
D. Authority of Arbitrator. The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Us. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms (including the Arbitration Agreement). The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Us.
E. Waiver of Jury Trial. You and We hereby waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or a jury. You and We are instead electing that all claims and disputes will be resolved by arbitration under this Arbitration Agreement, except as specified in Section (a) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
F. Waiver of Class or Consolidated Actions. Except with respect to Batch Arbitration (as defined below), all claims and disputes within the scope of this Arbitration Agreement must be arbitrated on an individual basis and not on a class basis, only individual relief is available, and claims of more than one customer or user cannot be arbitrated or consolidated with those of any other customer or user. In the event that this subparagraph is deemed invalid or unenforceable neither you nor We are entitled to arbitration and instead claims and disputes will be resolved in a court as set forth in these Terms.
G. Batch Arbitration. You and We agree that, in the event that there are fifty (50) or more individual requests for arbitration of a similar nature filed against Us within an approximately (30) thirty-day period (or otherwise in close proximity) regardless of the state(s) in which such claims are filed, JAMS will administer all such similarly situated arbitration demands on a collective basis as a single, consolidated arbitration (subject to a single set of fees, proceeding schedule, and, if required, hearing) before a single arbitrator in accordance with the requirements outlined elsewhere in this section, provided that – in the event that the arbitrator deems it impracticable or inequitable to administer all such claims collectively in a single arbitration – (s)he may group demands for arbitration into groups of not fewer than twenty (20) matters, plus a remainder group as needed (or as otherwise deemed by the arbitrator to be practicable, equitable, and in best keeping with the spirit of this provision) and arbitrate each group of matters as a single, consolidated arbitration (either structure a “Batch Arbitration”). You and We agree (1) to work with JAMS in good faith to facilitate the resolution of disputes on a Batch Arbitration basis and (2) that requests for arbitration are of a “similar nature” if they arise out of the same event, agreement, or factual scenario and raise the same or similar legal issues and seek the same or similar relief. Disagreements over the applicability of this Batch Arbitration process will be settled in a single, consolidated arbitration proceeding that includes all affected parties and is resolved by a single arbitrator subject to the requirements of this section. This Batch Arbitration provision shall in no way be interpreted as authorizing a class or collective arbitration or action of any kind, or any suit or arbitration involving joint or consolidated claims, under any circumstances other than those expressly set forth in this section.
H. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts will be of no force and effect and will be severed, and the remainder of the Arbitration Agreement will continue in full force and effect.
I. Survival. This Arbitration Agreement will survive the termination of your relationship with Us.
J. Modification. Notwithstanding any provision in these Terms to the contrary, We agree that if We make any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) for which that you had already provided notice to Us.
Consent to Data Collection and Your Rights. These Terms of Service incorporate our Privacy Policy, which discloses how we, our vendors, and our service providers collect and use data when you use the Site and/or mobile applications. You hereby consent to the collection and use of data by us, our vendors, and our service providers as described in the Privacy Policy (including any links to other policies therein). You can revoke this consent at any time by following the opt-out instructions in the Privacy Policy or clicking the provided links on the Site. By using our Website, you consent to the collection, storage, and use of your personal data as described in our Privacy Policy. You have the right to withdraw your consent at any time, request access to your personal data, request correction or deletion of your data, and object to or restrict processing where applicable under UK data protection law. To exercise these rights, please follow the instructions in our Privacy Policy or contact us directly at [email protected]
Limitations on Liability. YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE, OR OUR VENDORS OR SERVICE PROVIDERS (COLLECTIVELY, “WE” OR “US”), SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ANY OF US EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID OR PAYABLE TO STYLISH CELEBRATIONS BY YOU FOR THE WEBSITE DURING THE SIX-MONTH PERIOD PRIOR TO THE ACT, OMISSION, OR OCCURRENCE GIVING RISE TO SUCH LIABILITY; OR (B) ONE HUNDRED U.S. DOLLARS ($100). THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT, OR OTHERWISE, AND WHETHER OR NOT THE PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
14. CONTACT US
We welcome you to contact us if you have any questions, concerns or comments regarding the terms of this agreement.
Stylish Celebrations
stylishcelebrations.com
EFFECTIVE AS OF OCTOBER 16 2023