Terms & Condition
CELEBRATE ME REGISTRY
Terms & Conditions
Effective Date: April 1, 2022
Celebrate Me Registry, is the first totally customizable registry service. Created by a woman for women who are sick of getting gifts that just don’t do it for them.
It is unheard of to share a registry especially if you’re not getting married or having a baby. But, here at Celebrate Me, we believe it’s time to receive gifts that will not create clutter, collect dust, or eventually be regifted. It may feel weird at first, but you’ll be surprised at the sighs of relief you’ll get by sharing a registry of things you would otherwise have bought for yourself! They want to celebrate you, so don't be shy.
But before we get this party started, here’s an Agreement between us, Celebrate Me Registry, LLC (“Celebrate Me Registry,” “we,” “us,” or “our”) and you. We invite you to use our website, so long as you agree to the terms and conditions we’ve provided below. Should you not agree with any of these terms and conditions, that’s okay – simply exit this website immediately to avoid being obligated to our rules. Also, to Merchants, by registering, accessing, and making your items available for purchase, you agree to the terms of our Privacy Policy and any accompanying Merchant Agreement.
Our Terms and Conditions apply to all users on our site, including without limitation Merchants, Celebrants, Guests and browsers. As such, we reserve the right to refuse service to anyone for any reason at any time
We provide you and all Merchants with access to the Registry subject to the following Terms of Use, which may be updated from time to time without notice to you. Any new features or tools added to the website shall also be governed by these Terms and Conditions. We reserve the right to update, change, or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our registry is hosted on CelebrateMeRegistry.com, providing us with the online e-commerce platform that allows us to feature various products and offer services to you.
DEFINITIONS
- The Celebrant – the person being honored at a celebration, and on whose behalf the registry is created for.
- The Guest - any browser or user on our website who is invited to visit and purchase the registry of the Celebrator or take part in a function organized by Celebrator.
- Merchant – any company involved in wholesale trade, who seeks to have its products or e-commerce platform featured or hosted through our registry.
- Website -- any websites, web pages, and any subpages (including any mobile websites, web pages and subpages) under Celebrate Me Registry or celebratemeregistry.com control, whether partial or otherwise.
1. ONLINE STORE TERMS
In order to utilize our registry and access our website, you must be at least 18 years of age or older and have a valid credit or debit card to purchase any products listed on our registry and to create an account on our website. If you are under the age of 18, you agree and warrant that you have your parent or legal guardian’s consent to access Celebrate Me Registry’s website.
2. CREATING THE REGISTRY
In order to create a registry, each Celebrant must create a unique registry profile. The profile mat be created by the Celebrant or by a guest, on the Celebrant’s behalf. To create the profile, you will be given the option to provide the name, location, a photo and a short profile description to enable guests to properly locate and identify the Celebrant. You will also be given the option to publish the registry publicly or privately to maintain confidentiality.
3. SIGN-IN NAME; PASSWORD; UNIQUE IDENTIFIERS
During the registration process, you will be asked to select a unique Login ID and Password (“Log-In Information”). Celebrate Me Registry will grant you access to the platform using the log-In credentials that you create, provided that your credentials comply with the requirements established by Celebrate Me Registry. We do not represent or warrant that your Log-In Information will be available for use. You shall be responsible for securing and maintaining the confidentiality of your Log-In Information and you shall be solely responsible for all acts and omissions taken by any third party using your Log-In Information. You shall immediately notify Celebrate Me Registry in the event of any known or suspected unauthorized use or disclosure of your Log-In Information.
4. MERCHANT WEBSITES
Our Registry may contain links to or integration of third-party websites or services that are not affiliated with Celebrate Me Registry (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on or the operators of such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. Celebrate Me Registry does not control these External Sites or services, is not responsible for the content of any linked External Sites and does not make any representations regarding the content or accuracy of any materials on such External Sites. If you decide to access any External Sites, you do so at your own risk. You agree that Celebrate Me Registry will have no liability to you arising from your use, engagement, exposure to, or interaction with any External Sites. (“External Sites”).
Celebrate Me may use a point-of-sale software or a gateway service (“Third Party Servicers”) that provides Merchants with an Interface between Merchant and its customers so Merchant can accept sales from Celebrate Me’s customers. Merchant’s choice of a Third-Party Servicer is subject to Bank’s approval. Notwithstanding any Third-Party Servicer offered, suggested, or referenced by Bank or its respective sales agents, Merchant acknowledges that all issues concerning its Third-Party Servicer, including, but not limited to, its service and functionality, are solely between Merchant and such Third-Party Servicer. The fees and terms for Merchant’s Third-Party Servicer and any services or products offered by such Third-Party Servicer may be set forth in the Merchant Application or, if applicable, stated in a separate agreement between Merchant and its chosen Third-Party Servicer.
5. PURCHASING ISSUES
In the event that you have any issues with your purchases made through one of the listed Merchants, you agree to communicate and escalate those issues directly with the Merchant. Merchants also agrees to work on any issues that you may have with them directly, and without liability to Celebrate Me Registry.
6. CANCELLATION OF ORDERS
If an order is cancelled by the Merchant, you shall be notified directly by the Merchant through its primary means of sending correspondence. In the same, you may cancel your purchases in accordance with the processes and policies established by the Merchant’s Terms of Use.
7. SHIPMENT DELAYS
You acknowledge that all purchases are made directly through third-party retailer merchants Celebrate Me Registry. Each merchant/retailer acknowledges that it will use commercially reasonable efforts to ship products to arrive by any requested delivery dates quoted or acknowledged. However, Celebrate Me Registry shall not be liable for any delay in shipment or delay in performance under this Agreement due to unforeseen circumstances or due to causes beyond its control including but not limited to, acts of nature, acts of government, labor disputes, delays in transportation, and delays in delivery or inability to deliver by Celebrate Me Registry’ merchants.
8. USE OF PERSONAL INFORMATION
Your use of the Platform may involve the transmission to us of certain Personal Information. Our policies with respect to the collection and use of such Personal Information are governed according to our Privacy Policy (located at www.celebratemeregistry.com/privacy which is hereby incorporated by reference in its entirety.
9. MODIFICATIONS TO THE SERVICE AND PRICES
Prices for products listed on our site are subject to change without notice. We reserve the right at any time to modify or discontinue the Service or products (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
10. OUR BLOG
From time to time, we may develop, prepare, create, and/or suggest gift ideas or guides to enhance your shopping experience from our blog. You acknowledge that our guides, gift ideas and anything contained within our blog are created purely for inspiration purposes, and that we shall not be held liable for any loss, damages, breach of contract, warranty, negligence, strict liability, in tort or otherwise sustained from purchasing our suggestions through any Merchant. You also acknowledge that the Merchant, not Celebrate Me Registry, LLC, is responsible for addressing any claims of yours or any third party relating to the Merchant’s products or your possession and/or use of the Merchant’s products, including, but not limited to: (i) product liability claims; (ii) any claim that the Merchant’s products fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
11. PRODUCTS OR SERVICES (IF APPLICABLE)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited by law.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
12. PROHIBITED USES
In addition to other prohibitions as set forth in this Terms and Conditions, you are prohibited from using the Celebrate Me Registry site or its content:
- for any unlawful purpose;
- to solicit others to perform or participate in any unlawful acts;
- to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances;
- to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- to submit false or misleading information;
- to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
- to collect or track the personal information of others;
- to spam, phish, pharm, pretext, spider, crawl, or scrape;
- for any obscene or immoral purpose; or
- to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
13. INTELLECTUAL PROPERTY
All title and intellectual property rights (including without limitation, copyrights, patents, trademarks and trade secrets) in and to the Celebrate Me Registry Web Sites (including but not limited to, related software, images, photographs, animations, video, audio, music, text, and content), are owned by Celebrate Me Registry, its affiliates or licensors. All title and intellectual property rights in and to the information and content which may be accessed through use of the Celebrate Me Registry Web Sites are the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This Agreement does not grant you any rights to use such content, nor does it grant any rights to the Celebrate Me Registry, other than the right to use the Celebrate Me Registry Website according to the terms of this Agreement.
14. NO WARRANTIES; LIMITATION OF LIABILITY
THE PLATFORM, THE SERVICES AND ALL CONTENT, FUNCTIONS AND MATERIALS MADE AVAILABLE TO YOU THROUGH THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
NONE OF CELEBRATE ME REGISTRY, ITS AFFILIATES, SUBSIDIARIES, PARTNERS, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “CELEBRATE ME REGISTRY PARTIES”) OWN OR CONTROL THE THIRD-PARTY PARTNER WEBSITE THROUGH WHICH YOU PURCHASE GIFTS. NONE OF THE CELEBRATE ME REGISTRY PARTIES IS A PARTY TO, ANY TRANSACTION, COMMUNICATION OR INTERACTION BETWEEN YOU AND THE THIRD-PARTY PARTNER WEBSITE OR BETWEEN YOU AND OTHER USERS OF THE THIRD-PARTY PARTNER WEBSITE OR OTHER USERS OF THE SERVICES.
IN CONNECTION WITH ANY WARRANTY, CONTRACT OR COMMON LAW TORT CLAIMS: (I) NONE OF THE CELEBRATE ME REGISTRY PARTIES SHALL BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE PLATFORM OR THE SERVICES, EVEN IF A CELEBRATE ME REGISTRY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE PLATFORM OR THE SERVICES SHALL BE LIMITED TO THE MONIES YOU HAVE PAID US IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
THE PLATFORM AND THE SERVICES MAY CONTAIN TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS, OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, PRICING, OR OTHER ERRORS LISTED ON OR OMITTED FROM THE PLATFORM OR THE SERVICES. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE PLATFORM AND THE SERVICES AT ANY TIME WITHOUT NOTICE.
15. SEVERABILITY
Any Provision within these Terms that’s deemed prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.
16. INDEMNIFICATION
You agree to defend, indemnify, and hold Celebrate Me Registry, including any heirs, assigns and its successors, harmless from and against any damages, liabilities, losses, expenses, claims, actions, and/or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from:
- your breach of this Agreement;
- your misuse of the Platform, Content and/or the Services;
- your violation of any third-party rights, including without limitation any copyright, trademark, property, publicity, or privacy right;
- your Member Content; and/or
- any claims brought against any Celebrate Me Registry Party by a Third-Party Partner as a result of your acts or omissions.
We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control (at your expense) of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
17. COMPLIANCE WITH APPLICABLE LAWS
The Platform and the Services are based in the United States. We make no claims concerning whether the Platform, the Services, and the Content may be viewed, or be appropriate for use outside of the United States. If you access the Platform, the Services, or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
18. TERMINATION OF THE AGREEMENT
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Platform and/or the Services, at any time and for any reason without prior notice or liability. You may terminate your account at any time by following the instructions in your account settings. We reserve the right to change, suspend, or discontinue all or any part of the Platform and/or the Services at any time without prior notice or liability.
19. DIGITAL MILLENNIUM COPYRIGHT ACT
We comply with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you have any complaints or objections to material hosted by our Registry or Platform, and wish to provide us with a Notification of Claimed Infringement, you may contact us through our Designated Agent under the Digital Millennium Copyright Act (the “Act”) as follows:
Celebrate Me Registry, LLC
1 East Erie St, Suite 525-5309, Chicago, IL 60611
DMCA@celebratemeregistry.com
Any notice alleging that materials hosted by or distributed through the Registry or Platform infringe on intellectual property rights must include the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of the material that you claim is infringing and where it is located on the Developer Portal;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the use of the materials on the Developer Portal of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
- a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
20. CONTROLLING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois.
21. BINDING ARBITRATION
In the event of a dispute arising under or relating to this Agreement (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by the Judicial Arbitration and Mediation Services (“JAMS”) pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website http://www.jamsadr.com . Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. Nothing in this Agreement will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.
22. CLASS ACTION WAIVER
Any legal claim must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiffs, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. The arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION, HOWEVER, THEY UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY, THROUGH ARBITRATION.
23. MISCELLANEOUS
If this Agreement is terminated in accordance with the Termination provision above, such termination shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Fees and Payment” (until you pay all fees and taxes due hereunder), “Intellectual Property,” “Member Content; Licenses,” “Communications with Us,” “No Warranties; Limitation of Liability,” “Indemnification,” “Termination of the Agreement,” “Controlling Law,” “Binding Arbitration,” “Class Action Waiver,” and “Miscellaneous.”
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
24. CHANGES TO TERMS AND CONDITIONS
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms and Conditions by posting updates and changes to our website. By continuing to use or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of our changes.
25. CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@celebratemeregistry.com