Celebrations Entertainment, a division of WPC Retail Group Ltd. (d/b/a, and referred to herein as, “Celebrations”), operates this website to provide online promotional tools for performers, entertainers, musicians, agents, consumers and event planners. In these terms of service (the “Terms”), the words “you” and “your” refer to any person accessing or using the Site, and the words “we”, “us”, and “our” refer to Celebrations.
By using or otherwise accessing our Site, you are acknowledging that: (a) you have read and understood these Terms, and (b) you unconditionally agree to comply with, and be legally bound by, these Terms as they exist on the date of each such use or access. If you disagree with any of these Terms in any way, please leave this Site now and do not use Celebrations' services. If you have any questions or need any clarifications, please contact us before using the Site.
Relationship and Conduct
1. Introduction: You hereby represent that everything in the Introduction, above, and otherwise through the Site or in other communication with us, is true and accurate, and agree that the Introduction is a part of these Terms.
2. Changes to the Terms: We may modify these Terms at any time. Any changes will apply from the date the changes are made. Your use of the Site, or failure to terminate your account with us, during thirty (30) days subsequent to any
changes will constitute acceptance of the Terms as so changed. You will be given notice of each change by an email sent to you by us at the email address you signed up with.
3. We reserve the Right: Without limitation to all other rights we enjoy, we expressly reserve the right at any time to:
Change these Terms as provided herein;
Change the Site;
Terminate the membership of any member without refund and/or pursue legal action against any user of this website who does not comply with these Terms;
Change any fees or charges for using the Site;
Change, edit, add to, disable or delete any information or imagery at our sole discretion, or other Site content, without notice;
Revoke any account without refund for acting in a manner Celebrations deems inappropriate or unprofessional during any aspect of interaction or service with a client;
Remove any member account at any time for any reason.
4. Online Conduct. At all times when using or accessing this Site, you agree that:
You will not falsify your identity or misrepresent yourself in any way on the Site or the information you have provided in your signup.
You will not “stalk” or otherwise harass any person in any way.
You will not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the Site.
You will not transmit any chain letters, spam or junk email to other members or to us.
You will not express or imply that any statements you make are endorsed by us, without our specific prior written consent.
You will not harvest or collect personal information about other members whether or not for commercial purposes, without our written consent.
You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, “scrape” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents.
You hereby grant Celebrations permission to add content to your listing at our sole discretion to increase the quality or presentation of your listing.
You will not, for any reason, directly or indirectly submit a review to a listing with which you are affiliated. Reviews may only be posted by legitimate clients who have booked you. You may dispute any review you feel to be fraudulent, but the removal of reviews is solely at our discretion. Posting any illegitimate review, whether on your own or on another member’s listing, may result in your account’s immediate termination, at our discretion, without refund, and may also result in a permanent ban from the Site.
You will not use Celebrations on behalf of any third party. You will not re-sell or re-offer any lead you receive through Celebrations to another performer, vendor or service provider, nor will you re-offer or post to any website any lead you receive through your relationship with this website.
You will respond fully, truthfully, and within five (5) business days to any request for information or other inquiry from Celebrations related to your or another member’s compliance with these Terms.
Failure to comply with these provisions may result in immediate suspension or termination of your listing without refunding your membership fees. Celebrations reserves the right, in its sole discretion and in all instances, to determine whether a member has or has not complied with any provision contained in these Terms.
5. Under Age User Policy. In order to use Celebrations, you must be at least 18 years of age. Individuals who are under the age of 18 or the legal age to form a binding contract in their jurisdiction (“Minors”) are prohibited from registering for and/or booking talent on this website. The Site is not intended for children under the age of 13.
A legal guardian of a Minor who is at least 13 years of age may create a profile for a Minor, and must specify so at the time of registration. However, the legal guardian is responsible for everything done with that account, and such legal guardian’s consent must be verifiable by Celebrations. You represent that the information that you provide about yourself as requested in any account registration form on Celebrations is accurate and complete.
6. Free Member Accounts. Celebrations allows members to set up one (1) free account, which may be terminated or redacted by Celebrations at any time, for any reason, and without notice. Members shall not have more than one free listing at any one time if they are part of the same affiliation, regardless of location or act name specified in the listing.
7. Links To Other Websites And Services. Celebrations does not control the availability or content of any outside websites, services, or resources to which this Site may link. Concerns regarding any such service, resource, or link should be directed to the particular outside service or resource. Unless stated otherwise, Celebrations does not endorse, sanction, or verify sites to which our Site links, and we provide these links merely for our users’ convenience. Access to such other sites is at your own risk, and we disclaim all liability with regard to your access to such linked websites. In addition, we do not endorse, sanction, or verify sites that link to this Site, even if any logo or mark of Celebrations is used as part of the link to this Site.
8. Disclaimer. The contents of our Site, and the Site as a whole, is intended strictly for the purposes of: (i) providing a forum for performers, entertainers, bands, musicians and other talented entertainers to post information about themselves, You represent and warrant that you understand, and agree, that Celebrations is not, will not be, and will not in any way be construed to be a party to any contract or agreement between any users of this Site regarding the provisions of services at any event or engagement. While we do believe that Celebrations members will achieve some amount of exposure from a listing on the Site, we do not guarantee in any way that the use of the Site will produce paying clients for our members. We do not guarantee that users who supply services as a result of introductions made through Celebrations will be paid for their services. We do not represent or guarantee that this Site will further the careers of our members, help them financially or otherwise produce income. Failure to receive the outcome you expected does not warrant a refund of payment. Furthermore, Celebrations does not take responsibility for the content of any member profile, or member services offered on any profile. Celebrations does not endorse, sanction or verify, and specifically disclaims responsibility or liability for, any member or user profiles. Concerns regarding any such service, resource, or link posted or offered by a member should be directed to the particular member. Celebrations does not endorse, sanction, or verify members on this website. Contacting these members, whether through our services or separately is at your own risk, and we disclaim all liability with regard to your dealings with any member listed on this Site.
9. No Partnership, Agency, or Affiliation. Unless stated otherwise by Celebrations, it is expressly understood that Celebrations is not the partner, agent, joint venturer, or otherwise an affiliate of you or any member or other user of the Site.
Intellectual Property Rights and Complaints
10. Ownership. Unless otherwise noted, all copyrighted works, trademarks, service marks, or other intellectual properties depicted in any texts, images, illustrations, designs, icons, photographs, video clips, sound clips, or and other materials on the Site (collectively, the “Contents”) are owned, licensed by, used with permission, or otherwise lawfully used by Celebrations. The Site as a whole is protected by copyright, all worldwide right, title and interest in and to which is owned by Celebrations. Unless otherwise noted, by using a third party’s trademark or trade name on this Site, Celebrations does not intend to suggest any affiliation with or endorsement of such third party or its products or services, and Celebrations hereby expressly disclaims any such affiliation or endorsement.
11. You may download and copy the contents displayed on the Site solely for personal use, and provided that you do not remove any copyright or other proprietary notices contained on the materials. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce, modify, publish, distribute, sell, or exploit in any way, in whole or in part, any of the contents or the Site. Use of the contents or any related software which is not expressly permitted by these Terms constitutes a breach of these Terms, and may also constitute a violation of copyright, trademark, and other applicable laws.
12. License to Submissions. With respect to any text, photographs, designs, images, video clips, musical work, sound recording, sound clips, or other media files you may provide to Celebrations for posting on your listing (collectively, “Submissions”), such Submissions shall remain your property or your licensors’ property. You hereby unconditionally grant to Celebrations, a non-exclusive, irrevocable and royalty-free license to host, copy, reproduce, distribute, transmit, stream, publicly perform, publicly display, modify, publish, create derivative works from, or otherwise use the Submissions solely in connection with the Site and/or advertisements or other materials promoting the Site.
Celebrations shall have no obligation to pay you or anyone else any amounts, including record or publishing royalties, performance fees, license fees, or union, guild, or collective bargaining fees, for the distribution, public performance, or other uses of your submissions as authorized in these Terms. The foregoing licenses and rights granted to Celebrations will survive your removal of submissions from the Site, the termination of your account use of the Site, or any other termination of these Terms unless we receive written notice of termination of such license(s) from you, at which point such license(s) will expire and we will stop using the specified Submissions within thirty (30) days.
You represent, warrant and agree that (i) you own or control all necessary rights in and to the submissions to use them with Celebrations; (ii) you have the full right and authority to grant the rights, licenses, and permissions in these Terms; and (iii) all submissions submitted by you to the Site do not and will not violate any rights of any third party, including, without limitation, copyright, trademark, privacy or other personal or proprietary right(s). You agree to keep a copy of any content you provide, and Celebrations shall have no obligation to return any content to you should it become damaged or lost.
14. Complaints About Perceived Trademark Infringement. Celebrations respects intellectual property rights, and will remove content, terminate registered users, and deny access to others who, in our discretion, infringe the intellectual property rights of others.
If you are concerned that a Celebrations member or any content on our Site violates your trademark rights, please seek legal advice.
Once you have determined that a violation of your trademark rights (“infringement” for the purposes of this section 14) has occurred, we encourage you to contact the Celebrations user responsible for the content about the perceived infringement. You and the member may be able to resolve the issue quickly without our involvement.
If you believe the perceived trademark infringement requires action by Celebrations, you may submit a formal claim of perceived infringement to Celebrations. Doing so is a serious matter that has legal consequences, and you may not submit a claim of perceived infringement of someone else’s trademark rights. To submit a claim of perceived trademark infringement of your mark, send a notice to Celebrations as follows:
a division of WPC Retail Group Ltd.
4555 Highway 7, Unit 17
Woodbridge, Ontario L4L 1S6
To be considered a complete claim, you will be required to provide all of the following information:
Your full name, mailing address, email address, and phone number;
The specific word, term, design, image or other device in which you claim trademark rights (“Your Mark”);
A summary of the goods and/or services sold or offered by you under Your Mark;
Canadian Intellectual Property Office (CIPO) registration number for Your Mark;
The URL, or other information, sufficient to permit Celebrations to locate and identify the material you contend infringes Your Mark;
A detailed description of how you believe the reported material infringes Your Mark;
A declaration, under penalty of perjury, that either (a) you are the owner of Your Mark, or (b) you are an authorized representative of the owner (including an explanation of your relationship to the owner of Your Mark);
A declaration, under penalty of perjury, that: (a) you believe in good faith that content complained of is not authorized by the owner of Your Mark, its agent, or the law; and (b) the information contained in the completed claim form is accurate in all respects; and
Celebrations will process any claim complying with the foregoing. If we believe, in our sole discretion, that you have established a prima facie claim of trademark infringement, we will: (a) promptly suspend the member or disable access to the complained-of material, (b) notify the member of your claim, and (c) remove the material or member from the Site or take other action(s) to address the perceived infringement; however, if such member promptly provides Celebrations with persuasive evidence or arguments, in Celebration’s discretion, that the complained-of materials do not infringe Your Mark and should not have been removed, we will reinstate the member and/or restore the materials. If we decide to restore any such material, we will notify you and encourage you to reach out directly to the member about your claim.
Please be advised that we may provide an alleged infringer with any communications from you about the perceived infringement, including the claim form submitted by you. We may also provide any responses received and communication related thereto, to the provider of the original notification of perceived infringement.
Without limiting Celebration’s other rights set forth herein, any user who engages in “repeat infringement” may be terminated from the Site without notice, and may no longer be permitted access to the Site. “Repeat infringement” shall be defined as two (2) or more instances, as determined by us in our discretion, where a user has infringed the trademark rights of another person. Notwithstanding the foregoing, we reserve the right to terminate members that are the subject of fewer than two (2) instances of infringement of someone else’s trademark rights in appropriate circumstances, such as (for example) when the member has a history of violating or willfully disregarding our Terms and Conditions.
15. Complaints About Perceived Copyright Infringement. Celebrations respects intellectual property rights, and will remove content, terminate registered users, and deny access to others who, in our discretion, infringe the intellectual property rights of others.
If you are concerned that any content on our Site infringes any rights you enjoy under copyright law in specific material (a “Work”), please seek legal advice. You may also read basic facts about copyrights, published by the Canadian Copyright Office.
Once you have determined that a violation of your copyright interests (“infringement” for the purposes of this section 15) has occurred relative to Work you created or own, you must follow the procedures set forth below.
15.A. User-Generated Content. If you believe that content on our Site that was generated by a member or other user infringes your copyright interests in your Work, we encourage you first to contact the user responsible for the content about the perceived infringement. You and the user may be able to resolve the issue quickly without Celebration's involvement.
If you believe the perceived copyright infringement requires action by Celebrations, you must submit to Celebrations a formal takedown notice (a “Takedown Notice”). Submitting a Takedown Notice is a serious matter that has legal consequences, and you may not submit a Takedown Notice based on perceived infringement of someone else’s copyright interests, or of legal interests other than copyright interests.
You must prepare your own Takedown Notice. At a minimum, any Takedown Notice submitted to Celebrations for processing must contain at least the following:
An identification of the infringed copyrighted work, or, if multiple copyrighted works are covered by a single Takedown Notice, a list of all works alleged to have been infringed;
An identification of the alleged infringing material and information reasonably sufficient to permit us to locate the material;
Contact information of the complainant, such as an address, telephone number, electronic mail address;
A statement that the complainant has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement that the information contained in the Takedown Notice is accurate, and under penalty of perjury, that the complainant is authorized to act on behalf of the owner of an exclusive copyright interest that is being infringed; and
A physical or electronic signature of the complainant.
You must submit the completed Takedown Notice to Celebrations. Please be advised that we may provide an alleged infringer with any communications about the claimed infringement, including the Takedown Notice submitted by you. We may also provide any counter notifications received and communication related thereto, to the provider of the original notice of claimed infringement.
Without limiting Celebration’s other rights set forth herein, any user who engages in “repeat infringement” may be terminated from the Site without notice, and may no longer be permitted access to the Site. “Repeat infringement” shall be defined as two (2) or more instances, as determined by us in our discretion, where a user has infringed the exclusive copyright interests of another person. Notwithstanding the foregoing, we reserve the right to terminate members that are the subject of fewer than two (2) instances of infringement of someone else’s exclusive copyright interests in appropriate circumstances, such as (for example) when the member has a history of violating or willfully disregarding our Terms and Conditions.
15.B. Other Content. If you believe the perceived copyright infringement involves content generated by Celebrations, rather than members or other users of the Site, please contact us with a detailed explanation of the perceived infringement. We will review what you send and promptly take appropriate action, in our discretion, if any action is required.
Disputes, Liabilities, and Disclaimers
16. Disclaimer of All Warranties. All data and information featured on this Site is provided strictly as-is and without any warranties of any kind, either express or implied, including without limitation warranties of title, accuracy, truth, reliability, completeness, currency, non-infringement, or any implied warranties of merchantability or fitness for a particular purpose. Further, we specifically make no representation or warranty regarding, and we disclaim and assume no liability or responsibility regarding: (i) the quality or availability of any postings made by you or any other users of the site; (ii) whether any scheduled events or engagements will occur; (iii) whether persons or acts contacted through the site will appear at any events or engagements; (iv) the ability of you or any other user of the Site to engage in transactions with any other user of the Site; (v) any details relating to any transactions you may engage in with any other use of the Site; (vi) the quality of the listings or other information offered by you or any user of the Site; (vii) the financial condition of you or any user of the Site; or (viii) compliance with local, state and federal laws by you or any other user of the Site. Celebrations makes no representation that the information in the Site is appropriate or available for use in locations outside Canada, and access to this Site from locations where the provision of such information may be illegal is prohibited. Users who determine to access this Site from such locations do so on their own initiative and are responsible for compliance with all applicable local laws.
17. Limitation of Liability. Neither Celebrations nor any person or entity affiliated or involved with creating, producing, hosting, maintaining or delivering the Site shall be liable for any direct, incidental, consequential, special, indirect, or punitive damages arising out of your, or any other party’s access to or use of the Site. To maximum extent allowed by applicable law, Celebrations shall have no liability or responsibility for any errors, omissions, or inaccuracies in the content on the site or information flowing through the site.
18. Assumption of Risk. Your use and browsing of the Site is at your risk. You should conduct your own independent investigation of the users of this Site before entering into any transaction with such persons. In no event shall we or any other party involved in creating, producing, or delivering the site be liable for any financial or other obligations that may arise between you and any other user of the Site.
You acknowledge that documents posted to and content available at the Site may contain computer viruses and you expressly assume that risk. Should you download any such materials from the Site, it is your responsibility to perform any scanning or other anti-virus precautions as you deem necessary. Under no circumstances will we be responsible for any loss or damage caused by any materials downloaded from the Site. You acknowledge that your use of the Site is at your sole risk, and agree to verify any information before relying upon it. You assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our Site.
19. Waiver and Release. By using this Site, you hereby waive any rights of recovery, under any theory of law, that you may have against Celebrations, its parents, subsidiaries and affiliates, and you release Celebrations from any claim, cause of action or demand, on account of your use of the Site or the provision of the Site by Celebrations.
21. Applicable Law. The laws of the province of Ontario will govern these Terms, as well as any claim between you and Celebrations related to the Site or Celebration's services, without regard to conflict of laws provisions thereof.
22. Exclusive Jurisdiction. You and Celebrations further agree that any dispute, claim, or action to interpret or enforce these Terms, or in any way related to your use of the Site or Celebrations’ services, may only be brought exclusively in the provincial or federal courts of Canada. You agree to submit to the personal jurisdiction of such courts for the purposes of litigating any such claim(s).
23. Enforcement Costs. Should either of us employ an attorney or attorneys to enforce any the provision(s) of these Terms, the non-prevailing party in any final judgment agrees to pay the prevailing party’s reasonable expenses, including solicitors’ fees and expenses, incurred in connection with such enforcement action and efforts, as determined by a court of competent jurisdiction.
24. Site and Service Modifications. We may make improvements or other changes to the Site, or to the information and services offered at the Site, without notice to you. We may add, delete, move, or modify some or all of the Site at any time.
26. Sever-ability. Invalidation of any provision of these Terms shall not impair or affect in any manner the validity and enforceability of the remaining portions, which in such event shall remain in full force and effect as if such invalid provision had never been included herein.
27. Captions. The captions herein are inserted only as a matter of convenience and in no way define, limit, describe or otherwise affect the scope or interpretation of this Agreement.
28. Entire Agreement; Amendments and Waiver. These Terms comprise the entire agreement between the parties regarding your use of the Site, and supersede all prior understandings regarding the same. If we fail to enforce any of our rights arising out of these Terms, such failure shall not constitute a waiver thereof. To be valid and enforceable, any amendment to or waiver of these Terms must be made in writing, signed or posted to the Site by Celebrations.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (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.
SECTION 5 - 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 Refund 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 that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. 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. 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.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Refund Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools as is and as available without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) 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; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) 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.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall WPC Retail Group Ltd. or Celebrations, our their directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Celebrations and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable solicitor's fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of Ontario.
SECTION 19 - CHANGES TO TERMS
You can review the most current version of the Terms at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms should be sent to us at firstname.lastname@example.org