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READ CAREFULLY. This Terms of Use Agreement ("Terms of Use") applies to use of the Celebrity website located at Celebrity (the "Site"). The Site is the property of Independent Home Inc. Before you make any purchases, you must first establish a customer account ("My Account"). BY CLICKING "I HAVE READ, UNDERSTAND AND AGREE TO THE TERMS OF USE," YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT CLICK ON THE BUTTON AND DO NOT USE THE SITE.

Celebrity reserves the right, at its sole discretion, to change, add or remove portions of this Terms of Use, at any time. It is your responsibility to check this Terms of Use each time before using the Site. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. You agree that all subsequent purchases by you will be subject to the terms and conditions of this Terms of Use, which shall apply until we post a modified Terms of Use and then in accordance with such modified Terms of Use. As long as you comply with this Terms of Use and any such modifications, Independent Home grants you ("End User") a personal, non-exclusive, non-transferable, non-sublicensable, limited privilege to enter and use the Site.

Content; Copyright and Trademark Notice.

All media, text, images, graphics, user interfaces, videos, photographs, trademarks, logos, artwork and other content on the Site (collectively, "Content"), including but not limited to the design, selection, arrangement, and coordination of such Content on the Site is owned or licensed by or to Celebrity, and is protected by copyright, trade dress, and trademark laws, and various other intellectual property rights laws. Except as expressly provided in this Terms of Use, no part of the Site and no Content may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without Celebrity's prior express written consent. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, trade dress, rights of publicity or trademarks with respect to any of the Content, and Independent Home reserves all rights not expressly granted hereunder. Celebrity expressly disclaims all responsibility and liability for uses by you of any Content obtained on or in connection with the Site.

All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Celebrity. All other trademarks or service marks are property of their respective owners. The use of any Celebrity trademark or service mark without Celebrity's express written consent is strictly prohibited.

Consent To Our Communication With You By E-Mail.

Each time you make a purchase through our Site, you grant permission for Celebrity to contact you at your e-mail address. To stop receiving our marketing emails, send an e-mail to us at support@Celebrity

Usage Rules.

All images, video, artwork, text, software and other copyrightable materials ("Digital Downloads") are sublicensed to End Users and not sold, notwithstanding use of the terms "sell," "purchase," "order," or "buy" on the Site or this Terms of Use. Your Digital Download sublicense is nonexclusive, nontransferable, nonsublicensable, limited and for use only within the United States.

Conditions of Sale and Payment Terms.

To purchase any goods and/or services on our Site, you must (a) be at least eighteen (18) years of age or the applicable state age of majority, (b) be a natural person, corporation, partnership or other legal entities), and Prior to the purchase of any goods or services on our Site, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization. All sales of products and services are final. All charges from those sales are nonrefundable. Exception to our return policy must be approved by Celebrity Management and is subject to the condition of the products; however the client will be responsible for shipping fee (to & from) plus 15% restocking fee. see cancellation & return policy below.

Methods of Payment, Credit Card Terms and Taxes.

All payments must be made by VISA, MasterCard, American Express, Discover, (each of which may be removed by Celebrity in its sole discretion). Unless expressly set forth on the Celebrity site, we do not accept any other payment form. If we offer or accept any other form of payment, you hereby agree to all restrictions, terms and conditions associated with such additional form of payment. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not this Terms of Use to determine your rights and liabilities as a cardholder. YOU, AND NOT Celebrity, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify Celebrity of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If Celebrity does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Celebrity or its agents. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes.

Order Acceptance Policy.

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Celebrity reserves the right at any time after receipt of your order to accept or decline your order for any reason. Independent Home further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by Celebrity upon shipment of products or performance of services that you have ordered, or upon the completion of the license, as indicated by our servers. Title to goods passes to you upon delivery to the common carrier. All orders placed over $1000.00 (U.S.) must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order. Celebrity is a reseller to end users and does accept orders from resellers, exporters, wholesalers, any businesses of any kind or other customers who intend to resell, but the warranty will be voided upon resale.

No Responsibility To Sell Mispriced Products Or Services.

Celebrity shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. Celebrity shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Celebrity shall immediately issue a credit to your credit card account in the amount of the charge.

Modifications to Prices or Billing Terms.

Celebrity RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.

Price Comparisons, "List Price" and "You Save".

Price comparisons may be made throughout the site to indicate the relative savings amounts of our pricing. "LIST PRICE" is the suggested retail price provided to us by our suppliers. We make no representation that a substantial number of these products have been sold or offered for sale at the list price. Actual retail prices in your area may be substantially different. Because we sell our merchandise over the internet on a national basis, it is not possible to know if our merchandise is sold at list price in any particular location or at any particular time. "YOU SAVE" reflects the difference between our price and the supplier provided list price shown on our sites. Because the list price may be different than the actual retail prices in your area, you may not actually realize a savings of this amount and may want to make an exact comparison for yourself by checking the prices of other internet or local retailers prior to making a purchase.

Service and Support for Goods Sold.

All requests for technical service and support should be made directly to the manufacturer in accordance with their terms and conditions.

Cancellation of Orders.

Customers have 24 hours from placement of order to cancel their order without penalty. After that there will be a 15% handling and restocking fee in addition to any shipping charges which the Company has incurred.

If shipment is requested by the customer to be returned before initial delivery, and/or the shipment is denied at the time of delivery, then customer is retroactively responsible for the shipping charges and any restocking and handling fees resulting from shipment. If the shipment has been delivered and customer then requests for return the customer will be responsible for the return shipping costs in full for the product(s) purchased.

Returns.

Customers wishing to return a qualified product must first request a Return Authorization Form from the Company and have the original receipt and the Company must have a record of the purchase in our system. Qualified products are items in new condition, never used and in original packaging. The customer is responsible for the 15% restocking fee, the original shipping charges and the shipping charges from and back to the company.

Indemnification.

You agree to indemnify and hold harmless Independent Home and its parents, sister companies, subsidiaries, affiliates, service providers, other End Users, distributors, licensors, officers, directors and employees from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of or related to your violation of this Terms of Use, or your violation of any law, regulation or third-party right.

Shipping.

These items are free of defects prior to being boxed for shipment. However rough handling can cause damage in transit. When this happens, carriers are responsible for any loss or damage. If damage is visible at time of delivery note it on the delivery slip and have the delivery carrier note the same and request an inspection from the carrier’s representative. If freight looks completely damaged do not accept and contact the Company. If damage is not detected until the cartons are open you have five days from the time of receipt of delivery to notify the carrier and fifteen days to have an inspection. Keep all contents, cartons and packing until the inspection is complete and the freight claim is filed. If shipment is requested by the customer to be returned before initial delivery, and/or the shipment is denied at the time of delivery, then customer is retroactively responsible for the shipping charges and any restocking and handling fees resulting from shipment. If the shipment has been delivered and customer then requests for return the customer will be responsible for the return shipping costs in full for the product(s) purchased.

Disclaimer of Warranties.

THE SITE, PRODUCTS, SERVICES, CONTENT, ARTWORK, DATA, AND INFORMATION ARE PROVIDED "AS IS." ALL Celebrity'S PHYSICAL PRODUCTS ARE GUARANTEED AGAINST MATERIAL DEFECTS FOR THIRTY (30) DAYS FROM THE DATE OF INVOICE. EXCEPT AS EXPRESSLY STATED HEREIN, Celebrity EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE Celebrity SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR QUALITY OF DATA AND FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, TITLE, NON-INFRINGEMENT, LACK OF VIRUSES OR CORRESPONDENCE TO DESCRIPTION.

LIMITATION OF LIABILITY.

THE ENTIRE RISK ARISING OUT OF THE USE OF THE SITE, THE USE OF ANY PRODUCTS AND/OR SERVICES OFFERED ON OR IN CONNECTION WITH THE SITE, AND/OR THE USE OF ANY CONTENT AND/OR DIGITAL DOWNLOADS REMAINS WITH YOU. IN NO EVENT SHALL Celebrity OR ITS LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS TERMS OF USE OR THE USE OF OR INABILITY TO USE ANY PRODUCTS, SERVICES, AND CONTENT, WITH THE DELAY OR INABILITY TO USE THE Celebrity SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Celebrity SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF Celebrity HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THIS TERMS OF USE OR POSTED ON THE SITE, THE MAXIMUM LIABILITY THAT Celebrity SHALL HAVE IS LIMITED TO ANY AMOUNTS ACTUALLY PAID TO Independent Home BY END USER. ORDER INFORMATION SUCH AS BILLING OR SHIPPING ADDRESS THAT IS INACCURATE OR INCOMPLETE MAY RESULT IN DELAYS THAT SHALL NOT BE THE RESPONSIBILITY OF Celebrity. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THIS TERMS OF USE) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

Policy to Terminate Privileges for Copyright Infringement.

Pursuant to 17 U.S.C. § 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), Celebrity Inc. will terminate the account of any customer, or vendor who uses his or her privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so. After proper notification by the copyright holder or its agent to the Independent Home and later confirmation through court order or an admission by the customer that an account has been an instrument of unlawful infringement, Independent Home will terminate the infringing customer's account. Celebrity may also in its sole discretion decide to terminate a customer's account privileges prior to that time if it has good belief that infringement has in fact occurred. In addition, pursuant to 17 U.S.C. § 512(c), Independent Home has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. Celebrity respects the intellectual property of others and we ask others to do the same. If you believe that your copyright has been infringed through the Celebrity website, please contact "Legal Department", via facsimile at 888-668-1880

Any written notice describing the infringing activity must include the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive that is allegedly infringed;
  • A description of the allegedly infringing work or material;
  • A description of where the allegedly infringing material is located on the site;
  • Information reasonably sufficient to allow us to contact you, such as your address, telephone number and e-mail address;
  • A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright or other proprietary right owner, its agent, or the law; and
  • A statement by you that the above information and notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner whose exclusive right is allegedly infringed.

General.

No delay or failure to take action under this Terms of Use shall constitute any waiver by Celebrity of any provision of this Terms of Use. If any provision of this Terms of Use is invalid or unenforceable under applicable law, it is, to that extent, deemed enforceable to the fullest extent possible (and severable in the event such provision is completely unenforceable) and the remaining provisions of this Terms of Use will continue in full force and effect. This Terms of Use will bind and inure to the benefit of Celebrity's permitted successors and assigns. One or more patents may apply to this Web site, including without limitation. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises. The laws of the State of New York without regard to or application of any conflict of laws provisions shall govern this “Terms of Use”. You consent to the exclusive jurisdiction of the state and federal courts sitting in Nassau County, in the State of New York. This Terms of Use is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate this Terms of Use shall be null and void. Celebrity may freely assign this Terms of Use without consent or notice. This Terms of Use (including all documents expressly incorporated herein by reference, including but not limited, to the relevant Usage Rules) constitutes the complete and exclusive agreement between Celebrity and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.

 

 

 

 

 

 

 

 

 

 

 

 

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