Terms of Use at
PartyBanners.com
Welcome to PARTYBANNERS.COM. We
provide our services to you subject to the following conditions. By accessing
any area of PARTYBANNERS.COM, you agree to be legally bound and to abide by the
terms and conditions set forth below. Please read them carefully.
Privacy
At PARTYBANNERS.COM, we recognize and respect the importance
of maintaining the privacy of our customers and have established a privacy
statement as a result. In our Privacy Statement we describe why we gather
customer information, what information we collect, how we collect it, and what
we use the information for. We encourage you to carefully read our Privacy
Statement. Go to our Privacy Statement.
Your Account
If you become our customer and place an order with us, you are responsible for
maintaining the confidentiality of your account and password and for
restricting access to your computer, and you agree to accept responsibility for
all activities that occur under your account or password. PARTYBANNERS.COM does
sell products for children, but it sells them to adults, who can purchase with
a credit card. If you are under 18, you may use PARTYBANNERS.COM only with
involvement of a parent or guardian. PARTYBANNERS.COM reserves the right to
refuse service, terminate accounts, remove or edit content, or cancel orders in
our sole discretion.
Disclaimers and Limitation of Liability
YOU EXPRESSLY AGREE THAT USE OF PARTYBANNERS.COM (HEREIN
REFERRED TO AS, THE COMPANY) IS AT YOUR SOLE RISK. NEITHER THE COMPANY, NOR ANY
OF ITS OFFICERS, DIRECTORS, OR EMPLOYEES OR AGENTS WARRANT THAT
PARTYBANNERS.COM WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY
WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF
PARTYBANNERS.COM, OR AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY
INFORMATION CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH PARTYBANNERS.COM;
EXCEPT THAT THE COMPANY DOES MAINTAIN CERTAIN GUARANTEES AS OFFERED HEREIN.
PARTYBANNERS.COM IS PROVIDED ON AN
"AS IS," "AS AVAILABLE" BASIS AND THE COMPANY
SPECIFICALLY DISCLAIMS WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN
INFORMATION GIVEN BY THE COMPANY NOR ITS AFFILIATES, NOR ANY OF ITS OFFICERS,
DIRECTORS, EMPLOYEES OR AGENTS OR THE LIKE, SHALL CREATE A WARRANTY.
UNDER NO CIRCUMSTANCES SHALL THE
COMPANY OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING
PARTYBANNERS.COM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR
CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE
PARTYBANNERS.COM, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY
INFORMATION OBTAINED FROM PARTYBANNERS.COM OR THAT RESULT FROM MISTAKES,
OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES,
DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR
NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR
UNAUTHORIZED ACCESS TO THE COMPANY'S RECORDS, PROGRAMS, OR SERVICES. YOU HEREBY
ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND
SERVICES AVAILABLE THROUGH PARTYBANNERS.COM. BECAUSE SOME STATES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY
LAW.
Indemnity
You agree to indemnify, defend and
hold harmless the Company and its Associates from and against any and all
liability, claims, costs and expenses (including without limitation reasonable
legal fees and expenses), alleging or resulting from your use of PARTYBANNERS.COM
in violation or breach of the Terms of Use.
Risk of Loss
All items purchased from
PARTYBANNERS.COM are made pursuant to a shipment contract. This means that the
risk of loss
and title for such items pass to you upon our delivery to the carrier.
Content - Proprietary Rights
You acknowledge that PARTYBANNERS.COM contains information, data, photographs,
typefaces, graphics and other material (collectively "Content")
that are protected by copyrights, trademarks, or other proprietary rights, and
that these rights are valid and protected in all forms, media and technologies
existing now or hereinafter developed. All Content is copyrighted as a
collective work under the U.S. copyright laws, and the Company owns a copyright
in the selection, coordination, arrangement, and enhancement of such Content.
You may not modify, remove, delete, augment, add to, publish, transmit,
participate in the transfer or sale of, create derivative works from, or in any
way exploit any of the Content, in whole or in part. If no specific
restrictions are displayed, you may make copies of select portions of the
Content, provided that the copies are made only for your personal use and that
you maintain any notices contained in the Content, such as all copyright
notices, trademark legends, or other proprietary rights notices. Except as
provided in the preceding sentence or as permitted by the fair use privilege
under the U.S. copyright laws (see e.g. 17 U.S.C. Section 107), you may not
upload, post, reproduce, or distribute in any way Content protected by
copyright, or other proprietary right, without obtaining permission of the
owner of the copyright or other propriety right.
Copyrights
All
Website materials, including, without limitation, the PARTYBANNERS.COM logo,
design, text, graphics, other files, and the selection and arrangement thereof
are ALL RIGHTS RESERVED Copyright 2000-2018, PARTYBANNERS.COM. You may electronically
copy and print to hard copy portions of this Website for the sole purpose of
using materials it contains for informational and non-commercial, personal use
only. Any other use of the materials in this Website-including any commercial
use, reproduction for purposes other than described above, modification,
distribution, republication, display, or performance-without the prior written
permission of PARTYBANNERS.COM is strictly prohibited. All content on this site
is the exclusive property of PARTYBANNERS.COM or its content suppliers, and is
protected by U.S. and international copyright laws.
Copyright Complaints
PARTYBANNERS.COM respects the intellectual property of
others. If you believe that your work has been copied in a way that constitutes
copyright infringement, please follow our Notice and Procedure for Making
Claims of Copyright Infringement.
NOTICE AND PROCEDURE FOR MAKING
CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has
been copied in a way that constitutes copyright infringement, please provide
PARTYBANNERS.COM's copyright agent the 6 written items of information specified below.
Please note that this procedure is exclusively for notifying PARTYBANNERS.COM
that your copyrighted material has been infringed.
1) An electronic or physical signature
of the person authorized to act on behalf of the owner of the copyright
interest;
2) A description of the copyrighted work that you claim has been infringed upon;
3) A description of where the material that you claim is infringing is located on
the site;
4) Your address, telephone number, and e-mail address;
5) A statement by you that you have a good-faith belief that the disputed use is
not authorized by the copyright owner, its agent, or the law;
6) A statement by you, made under penalty of perjury, that the above information
in your notice is accurate and that you are the copyright owner or authorized
to act on the copyright owner's behalf.
Trademarks
The logos, and the products and services described in this
Website are either trademarks or registered trademarks of PARTYBANNERS.COM and
may not be copied, imitated or used, in whole or in part, without the prior
written permission. In addition, all page headers, custom graphics, button
icons, and scripts are service marks, trademarks, and/or trade dress of
PARTYBANNERS.COM, and may not be copied, imitated, or used, in whole or in
part, without the prior written permission of PARTYBANNERS.COM. All other
trademarks, registered trademarks, product names and company names or logos
mentioned herein are the property of their respective owners. All photographic
images on this site are copyrighted by Hemera Technologies, Inc..
PARTYBANNERS.COM's trademarks and trade dress may not be used in connection
with any product or service that is not PARTYBANNERS.COM's , in any manner that
is likely to cause confusion among customers, or in any manner that disparages
or discredits PARTYBANNERS.COM. All other trademarks not owned by
PARTYBANNERS.COM that appear on this site are the property of their respective
owners, who may or may not be affiliated with, connected to, or sponsored by
PARTYBANNERS.COM.
PARTYBANNERS.COM�, PERSONALIZED
BANNERS FOR EVERY OCCASION� and SAY IT RIGHT. SAY IT BIG!� are trademarks of
PARTYBANNERS.COM.
License & Site Access
PARTYBANNERS.COM grants you a limited license to access and make personal use
of this site and not to download(other than page caching) or modify it, or any
portion of it, except with express written consent of PARTYBANNERS.COM . This
license does not include any resale or commercial use of this site or its
contents; any collection and use of any product listings, descriptions, or
prices; any derivative use of this site or its contents; any downloading or
copying of account information for the benefit of another merchant; or any use
of data mining, robots, or similar data gathering and extraction tools. This
site or any portion of this site may not be reproduced, duplicated, copied,
sold, resold, visited, or otherwise exploited for any commercial purpose
without express written consent of PARTYBANNERS.COM.You may not frame or
utilize framing techniques to enclose any trademark, logo, or other proprietary
information (including images, text, page layout, or form) of PARTYBANNERS.COM
without express written consent. You may not use any meta tags or any other "e;hidden text"e;
utilizing PARTYBANNERS.COM's name or trademarks without the express written
consent of PARTYBANNERS.COM. Any unauthorized use terminates the permission or
license granted by PARTYBANNERS.COM . You are granted a limited, revocable, and
nonexclusive right to create a hyperlink to the home page of PARTYBANNERS.COM
so long as the link does not portray PARTYBANNERS.COM or their products or
services in a false, misleading, derogatory, or otherwise offensive matter. You
may not use the PARTYBANNERS.COM logo or other proprietary graphic or trademark
as part of the link without express written permission. PARTYBANNERS.COM
reserves the right to refuse service, terminate accounts, and/or cancel orders
at its discretion, including, without limitation, if PARTYBANNERS.COM believes
that a customer?s conduct violates applicable law or is harmful to the
interests of PARTYBANNERS.COM.
Applicable Law
These terms and conditions shall be governed by and
construed in accordance with the laws of the State of Michigan, without regard
to its choice of law principles to the contrary. You agree that any action at
law or in equity arising out of or relating to these terms and conditions shall
be filed only in the state and federal courts residing in Oakland County,
Michigan, and you hereby irrevocably and unconditionally consent and submit to
the exclusive jurisdiction of such courts over any suit, action or proceeding
arising out of or relating to the use of the PARTYBANNERS.COM Website.
Modification & Amendments
PARTYBANNERS.COM reserves the right to make changes to our site, policies, and
these Terms of Use at any time. If we make any change to the Terms of Use, we
will post those changes on this page and they will become effective upon posting.
Termination & Severability
Termination
Notwithstanding any of these terms and conditions, PARTYBANNERS.COM reserves
the right, without notice and in its sole discretion, to terminate your license
to use this Website, and to block or prevent future access to and use of this
Website.
Severability
If any provision of these terms and conditions shall be deemed unlawful, void,
or for any reason unenforceable, then that provision shall be deemed severable
from these terms and conditions and shall not affect the validity and
enforceability of any remaining provisions.
Our Address
If you have any questions about this legal notice, our
practices or policies, or your dealings with PARTYBANNERS.COM, please contact
us at: [email protected] or by mail:
PARTYBANNERS.COM
1679 W. Hamlin Rd.
Rochester Hills, MI 48309
Customer Service Phone (800) 388-2359
Home
