CECE DUPRAZ TERMS OF SERVICE
This policy describes the terms and conditions governing your use of the Site. PLEASE READ THE FOLLOWING TERMS AND CONTIIONS OF USE CAREFULLY BEFORE USING THE SITE
In these Terms of Service, you will find information about the following topics:
- USE OF THE SITE AND ACCEPTANCE OF THE TERMS
- OWNERSHIP AND USE OF SITE
- PRODUCT DESCRIPTIONS
- MATERIALS SUBMITTED
- REGISTRATION AND SECURITY
- REPRESENTATIONS AND WARRANTIES AND INDEMNIFICATION
- DISCLAIMERS AND LIMITATION OF LIABILITY
- CCD’S INTELLECTUAL PROPERTY
- USE OF THE SITE AND ACCEPTANCE OF THE TERMS
1.1 Agreement to the Terms of Service. This is a binding contract between you and CCD (sometimes also referred to as “us,” or “we”). By using the Site, you agree to abide by all of the terms and conditions set forth in these Terms of Service.
1.2 Age Requirement. You must be at least 18 years of age to register and use the Site.
1.3 Your Representation Regarding Truthfulness. As a material condition of using the Site, you represent and warrant that you have provided and will provide accurate and complete information in all communications with CCD.
1.4 Changes to the Terms of Service. We may change, add, or remove portions of these Terms of Service at any time. Any revisions will take effect upon posting. Be sure to return to this page periodically to review the most current version of the Terms of Service, as it will be binding on you. Your continued access to or use of the Site after the effective date of modifications to the Terms of Service indicates your acceptance of the modifications.
1.5 Terminating Service. If any of the Terms of Service, or any future changes to these terms, are unacceptable to you, please stop using the Site and, if applicable, cancel your account by sending an email to email@example.com.
1.6 Changes to the Site. We may change, suspend, or discontinue any aspect of the Site at any time, including the availability of any feature, database, or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability.
1.7 Third Party Sites. The Site contains links to third party websites, resources, and advertisers. We are not responsible for the availability of these outside resources, or their contents. You should direct any concerns regarding any external link to the site administrator or webmaster of that site.
1.8 Use Violations. We may, in our sole discretion, terminate or suspend your access to all or part of the Site for any reason, including, without limitation, breach or assignment of these Terms of Service, and we may do so without advance notice.
1.9 Other User Violations. CCD is not obligated to enforce these Terms of Service on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms of Service, we reserve the right to investigate and/or take appropriate action at our sole discretion.
- OWNERSHIP AND USE OF SITE
2.1 Content on Site. All content published on the Site, which may include bot not be limited to products, photographs, images, illustrations, audio clips and video clips, (“Content”) is protected by copyright, and is owned by CCD or the party credited as the provider of the Content. You must abide by all copyright notices, information, or restrictions contained in any Content accessed on the Site.
2.2 Restrictions on Content Use. The Site and Content are protected by copyright pursuant to U.S. and international copyright laws and are the property of CCD, unless otherwise identified. Because the Site and Content are proprietary, unauthorized use of these materials may violate the law. Specifically, you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Site (including software), in whole or in part.
2.3 Commercial Use of Content Prohibited. You may download or copy the Content and other downloadable items displayed on the Site for personal, non-commercial use only, provided that you maintain all copyright and other notices contained therein. Copying or storing any Content for other than personal use is expressly prohibited without our prior written permission or the copyright holder identified in the copyright notice contained in the Content. Specifically, unless authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium any material from the Site.
2.5 Unauthorized Use of the Site. You may use the Site only for the purposes expressly set forth on the Site and in these Terms of Service. Any other use of the Site is prohibited. Specifically, you must engage in any of the following:
- Re-sale of items or any other commercial use of the Site or any of its contents;
- Collection of any product listings, descriptions or process;
- Downloading or copying any account information or Site content for the benefit of another merchant;
- Aggregation of data for any commercial purpose;
- Using a buying agent to conduct transactions on the Site;
- Using the Site to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others' privacy rights or rights of publicity;
- Modifying, adapting, translating, reverse engineering, decompiling, or disassembling any portion of the Site;
- Removing any copyright, trademark, or other proprietary rights notice from the Site or materials originating from the Site;
- Access or use the Site for any unlawful purpose;
- Access or use the Site in any manner that could detrimentally affect any CCD app, computer system, server, or network;
- Access or use the Site in any manner that interferes with any other person's access or use of the Site;
- Attempt to gain unauthorized access on the Site or any CCD computer system, server, or network or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- Access, monitor or copy any content or information of this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
- Violate the restrictions in any robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to this Site;
- Deep-link to any portion of this Site for any purpose without our express written permission; or
- “frame," "mirror" or otherwise incorporate any part of this Site into any other Site without our prior written authorization.
- PRODUCT DESCRIPTIONS
We have taken reasonable efforts to ensure that all product descriptions and any information contained on the Site are accurate. However, all information is provided "as is" without any express or implied warranties, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT SHALL CCD BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY USE OR PERFORMANCE OF OR CONTENT ERRORS OR OMISSIONS IN THE INFORMATION, EVEN IF NOTIFIED IN ADVANCE OF THE POTENTIAL FOR SUCH DAMAGES.
- MATERIALS SUBMITTED.
4.1 Submission of Content. Certain features of the Site and certain product offerings may allow you to contribute content, text, files, graphics, and other materials and information for access, use, by us in fulfilling your custom orders ("Submissions"). The Site may also allow you to submit comments, feedback, information, and postings, for access, use, viewing and commentary by other users to the Site ("User Content").
4.2 Use of Submissions and User Content by CCD. When you submit or upload Submissions, User Content, or other material or information to CCD, you grant CCD a worldwide, perpetual, irrevocable, right to use, distribute, reproduce, display, and modify, your Submissions and User Content to fulfill your orders and for CCD’s marketing, advertising, promotion, and business purposes, without compensation to you.
4.3 Your Rights to Submissions and User Content. By posting Submissions or User Content, you represent that you have the full legal right to provide the Submissions and User Content and that use of the Submissions and User Content by CCD and the Site will not (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, regulation, or agreement; or (c) constitute disclosure of any confidential information owned by any third party.
5.2 Availability. Our acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed.
5.3 Risk of Loss. The risk of loss and title for any items purchased on the Site passes to you upon our delivery to the carrier. In other words, we are not responsible for the risk of loss after delivery to our carrier.
5.4 Promotions. In our sole discretion, we may create promotional codes, discounts, and other offers that may be redeemed through our site during your purchase (“Promotion Codes”). Promotion Codes may be used only one time.
We diligently attempt to describe and display the Site content and services as accurately as possible. There are times, however, when despite our diligent efforts, some content on the Site may be mispriced, described inaccurately, or unavailable. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. In such event, we apologize for any inconvenience.
- REGISTRATION AND SECURITY
7.1 Accuracy of Registration Information. If you choose to register or create an account with us, you will create login credentials by selecting a password and providing an e-mail address. You may also be required to give us certain registration information, all of which must be accurate and up to date. You may not (a) select or use the login credentials of another person with the intent to impersonate that person; (b) use login credentials in which another person has rights without such person’s authorization; or (c) use login credentials that we, in our sole discretion, deem offensive. Failure to comply with the foregoing constitutes a breach of these Terms of Service, which may result in termination of your account.
7.2 Password Confidentiality. You are responsible for maintaining the confidentiality of your password. You will not be required to reveal your password to any representative or agent of CCD.
7.3 Notification of Security Breach. You shall notify CCD of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.
7.4 Responsibility for Account. You are responsible for all usage or activity on your CCD account, including use of the account by any third party authorized by you to use your login credentials. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and we may refer you to appropriate law enforcement agencies.
- REPRESENTATIONS AND WARRANTIES AND INDEMNIFICATION
8.1 User Representations and Warranties. You represent, warrant and covenant (a) that no materials of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least eighteen years old.
8.2 Indemnification by User. You agree to indemnify, defend and hold CCD, its affiliates, licensees, advertisers, and sponsors, and its and their directors, officers, employees, consultants, agents and other representatives (“Indemnified Parties”), harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly out of (a) your breach of these Terms of Service, including without limitation your representations and warranties; (b) any allegation that any content you submit to us or transmit to the Site infringes the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (c) your activities in connection with the Site; (d) your use of or access to this Site or our services; or (e) any products or services that you purchase or obtain in connection with the Site. You shall cooperate as fully as reasonably required in the defense of any such claim. CCD reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
- DISCLAIMERS AND LIMITATION OF LIABILTY
PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS CCD’S LIABILITY TO YOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THIS SITE. IF YOU DO NOT UNDERSTAND THE TERMS IN THIS SECTION OR ELSEWHERE IN THESE TERMS OF SERVICE, PLEASE CONSULT A LAWYER FOR CLARIFICATION BEFORE ACCESSING OR USING THIS SITE.
- THE SITE IS MADE AVAILABLE TO YOU ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS, WITH THE EXPRESS UNDERSTANDING THAT CCD MAY NOT MONITOR, CONTROL, OR VET USER SUBMISSIONS. ALL CONTENT IS THE SOLE RESPONSIBILITY OF THE PERSON WHO ORIGINATED SUCH CONTENT. AS SUCH, YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. CCD MAKES NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR ANY CONTENT ON THE SITE. ACCORDINGLY, CCD IS NOT LIABLE TO YOU FOR ANY LOSS, INJURY, OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SITE'S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE RATINGS, REVIEWS (INCLUDING THEIR CONTENT, ORDER, AND DISPLAY), OR METRICS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SITE.
- CCD MAKES NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SITE OR THE SITE'S USERS. ACCORDINGLY, CCD IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE SITE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH AND YOUR EXPERIENCES WITH BUSINESSES LISTED ON THE SITE ARE AT YOUR OWN DISCRETION AND RISK.
- CCD EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SITE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF CCD SHALL CREATE A REPRESENTATION OR WARRANTY.
- YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.
- CCD DISCLAIMS LIABILITY FOR ANY (1) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (2) LOSS OF PROFITS, (3) BUSINESS INTERRUPTION, (4) REPUTATIONAL HARM, OR (5) LOSS OF INFORMATION OR DATA
9.2 Limitation of Liability. If CCD is found liable for any loss or damage that arises out of or is in any way connected with your use of our sites or services, then CCD’s liabilities will in no event exceed, in the aggregate, the greater of (a) the transaction fees paid to CCD for the transaction(s) on this Site giving rise to the claim, or (b) One-Hundred Dollars (US $100.00). The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms of Service is found to have failed of its essential purpose. The limitations of liability provided in these Terms of Service inure to the benefit of CCD.
10.1 Termination by You. You may terminate your account at any time by sending e-mail to firstname.lastname@example.org.
10.2 Termination by CCD. We may, in our sole discretion, terminate or suspend your access to all or part of the Site for any reason, including, without limitation, breach or assignment of these Terms of Service, and we may do so without advance notice.
- CCD’S INTELLECTUAL PROPERTY.
All contents of this Site are: ©2021 Cece DuPraz. All rights reserved. CCD, its logo, and all other product or service names or slogans displayed on this Site are registered and/or common law trademarks of Cece DuPraz and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of CCD or the applicable trademark holder. In addition, the look and feel of this Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of CCD and may not be copied, imitated or used, in whole or in part, without the prior written permission of CCD. All other trademarks, registered trademarks, product names and company names or logos mentioned in this Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by CCD.
12.1 Governing Law. These Terms of Service have been made in and shall be construed and enforced in accordance with the laws of the Commonwealth of Massachusetts. Any action to enforce these Terms of Service shall be brought in the federal or state courts located in Boston. You hereby consent to the exclusive jurisdiction and venue of courts in the Commonwealth of Massachusetts, USA and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of this Site.
12.2 Severability. If any provision or portion of these Terms of Service is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire agreement will remain in effect, to the fullest degree consistent with the intent of this document.
12.3 Statute of Limitations. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Site within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
12.4 Relationship. You agree that no joint venture, agency, partnership, or employment relationship exists between you and CCD and/or affiliates as a result of these Terms of Service or use of this Site.
12.5 Entire Agreement. These Terms of Service (and any other terms and conditions referenced herein) constitute the entire agreement between you and CCD with respect to this Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and CCD with respect to this Site. A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form
NOTICE FOR CALIFORNIA RESIDENTS
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email to email@example.com. You may also contact us by writing to firstname.lastname@example.org, or by calling us at 781.990.3425. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.