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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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