Festively Terms of Use

 

1. Acceptance of These Terms
Welcome! This website, www.festively.com (the "Site," including all subdomains), is a copyrighted work belonging to Festively ("we," "us," “our,” and "company"). These terms of use (the "Terms") govern your access to and use
www.festively.com (the "Site"). Specific features of the Site may have additional rules and terms associated with them, and such additional rules and terms will be prominently posted or otherwise made available to each user ("you" and "your," including any entity you represent) and are incorporated herein by reference.

Please read these terms carefully. These terms constitute a binding legal agreement between you and festively. By using this site and the related services you unconditionally agree to be bound by these terms, including all exclusions and limitations of liability herein, and warrant that you have full authority and capacity, legal and otherwise, to use the services. If you do not agree to these terms, you may not use or access the site.

Please carefully review the arbitration agreement set forth below as it will require you to resolve disputes with us on an individual basis through final and binding arbitration. By entering this agreement, you expressly acknowledge you have read and understand all of the terms of this agreement and have taken time to consider the consequences of this important decision.

 

2. License to Use Website
You must be at least 18 [eighteen] years of age to use this Site. By using this Site you represent that you are at least 18 [eighteen] years of age.
This Site primarily operates as a for-profit business website. Subject to these Terms, granted a personal, worldwide, non-transferable, non-exclusive, royalty-free, limited license to use and access the Site. You must use this license only in the manner permitted by these Terms for the sole purpose of using and enjoying the benefit of the services provided by the Site.

MEMBERS:
On the Site you can find party essentials from local vendors. A member of the Site is anyone who opens an account with Festively. As a Member, you acknowledge that while we use techniques to help verify the identity of Vendors when they apply for a subscription and showroom on our Site, we cannot and will not guarantee each Vendor’s identity, capabilities, that it has obtained all required permits, licenses or consents, or that it complies with all applicable laws. We do not endorse any particular Vendor nor do we guarantee the quality of their goods or services. In addition to using our Site, you should do your due diligence in identifying organizations that provide the products and services you need to ensure the service providers you choose to do business are appropriate for you. 

VENDORS:
A Vendor is any business who opens a vendor account on the site with the intent to sell or rent your products or services on the Site. By creating a showroom, you agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the Terms and, in such event, “you” and “your” refer to that company or other entity. 

As a Vendor you acknowledge that we will not endorse you or your products or services. We are in no way responsible for assisting you in reaching an agreement with Members. We are not responsible for assisting you in providing goods and services to Members. Your subscription to our Site may not be transferred or sold to another party. 

As a Vendor you must list the true and correct name of your business on the Site. If there is a change to that business name, Vendors must promptly update the Site and may need to provide additional documentation for proof of name change. Vendors who engage in the sale of goods and services must have a valid business operations license, as applicable. By joining our Site, you agree to (i) provide us with accurate, complete information about yourself and to update this information as needed, (ii) safeguard your username and password, and (iii) be responsible for all activity of your account. 

We may offer different types of paid subscriptions. For instance, we may offer “Festively Ready,” “Festively Set” or “Festively Go.” These subscriptions do not guarantee any advertising placement or other benefits. We reserve the right to modify the terms of or cancel any such vendor subscriptions.

If you are a Vendor and experience a dissolution, merger or other significant change in personnel (e.g., sale of company), then we, in our sole discretion, have the right to determine whether to keep active, transfer or terminate your account, including all user reviews and other Site content previously associated with such account.

Side Hustler:
On the Site customers come to find items and services for their parties. A side hustler is anyone, not a business, but an individual who plans to rent or sell products on the Site. As a side hustler on the Site you can put to work the party items you have stored and place them on the Site for rent or sell. Everything you list must be a party item or service. Check with your city/state on any special license requirement. You agree you will abide by the local, state and federal laws in connection with selling or renting on this Site.

3. Using the Site
By using this Site you agree to use the service in compliance with these Terms and all applicable rules and regulations, including the local, state, national, and international laws that apply to your jurisdiction. We are based in California, United States. This Site is meant for use by persons within the United States. It may be illegal for certain persons to use the Site in some countries. We make no claim that the Site will be legal or accessible outside of the United States. Subject to these Terms, you may view, print, and use our content and services as permitted on the Site and only for your own personal, non-commercial use. You further agree and acknowledge that your use of this Site results in you sending electronic interstate transmissions through our computer network, and such transmissions may include, but are not limited to, any searches, file uploads, posts, instant messages, or emails.

The following uses of the Site are prohibited unless we have intended to provide you with access or have provided you express written permission to the contrary:

a. Using the Site in a manner that causes, or may cause, damage to the Site or in a way that impairs visitors' abilities to access or use the Site, including using the Site in a manner or for a purpose that is unlawful or fraudulent;

b. Using the Site in order to copy, store, upload, publish, use, transmit, host, or distribute anything consisting of or linked to any computer virus, spyware, rootkit, worm, keystroke logger, or other malicious computer software or software that may destroy, damage, or alter a computer system;

c. Conducting any systematic or automated data collection on or related to the Site or its users without their consent, including, without limitation, data mining, data extraction, scraping, data harvesting, "framing," or article "spinning";

d. Using the Site to collect, harvest, or compile information or data regarding other users of the Site without their consent;

e. Using software or automated agents or scripts to generate automated searches, requests, or queries on the Site or to mine data from the Site, provided, however, that operators of public search engines have our revocable permission to copy materials from the Site for the sole purpose of and only to the extent necessary for creating public search indices, but not caches or archives of such materials, according to the parameters in our robots.txt file;

f. Transmitting or sending unsolicited communications, commercial or otherwise, or conducting any marketing activities, including using the Site to send spam, pyramid schemes, or chain letters;

g. Republishing (including on another website), duplicating, copying, redistributing, selling, leasing, transferring, hosting, renting, or licensing any part of the Site or otherwise commercially exploiting content, whether in whole or in part, on the Site;

h. Editing, modifying, making derivative works of, reverse engineering, or reverse compiling any information, content, systems, or services on the Site;

i. Accessing the Site in order to create a similar or competitive business, product, service, or website;

j. Collecting, transmitting, distributing, uploading, or displaying any content or otherwise using the Site in a manner that (i) violates the rights of any third party, including any intellectual property rights or rights to privacy, (ii) is unlawful, tortious, threatening, vulgar, defamatory or libelous, pornographic, obscene, patently offensive, racist, or promotes physical harm or injury, (iii) causes or may cause harm to minors in any way, or (iv) impersonates another individual or organization or otherwise misrepresents affiliation with another person or entity without permission;

k. Interfering with, disrupting, or overburdening servers or networks connected to the Site;

l. Gaining or attempting to gain unauthorized access by any means to any part of the Site or to computers or networks connected to the Site; and

m. Harassing, stalking, harming, or otherwise interfering with or negatively affecting another user's normal use and enjoyment of the Site.

4. User Accounts

Members:
Visitors to the Site are permitted to create user accounts or profiles. Upon registering for our Site you are considered a "Member" of the Site. You represent that all information you submit when creating an account is true and accurate, and you promise to update and maintain the accuracy of this information at all times. Each Member is the sole authorized user of his or her account. Members are responsible for keeping their passwords and account access information confidential. Therefore, you should take measures to restrict access to your account and to any devices from which you access your account. As a Member, you are responsible for all activities that occur under your account, and you acknowledge that www.Festively.com is not responsible for unauthorized access to your account that results from theft or misappropriation of your account or password. Members are prohibited from assigning or otherwise transferring their accounts and passwords to others. You must notify us immediately if you know of or suspect that an unauthorized use or other breach of security of your account or the Site has occurred. We may not be held liable for any loss or damage that may arise from your failure to maintain the security of your account. You may delete your account at any time and for any reason by following the instructions on the Site.

Vendors
If you are a Vendor, you also agree not to:

  • Violate any applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, shipping, transporting, and solicitation of offers to ship and transport items;
  • Use information on the Site to promote spamming, chain letters or other unsolicited communications to Members; or
  • Include promotional text or endorsements in your storefront name or your storefront picture(s). 

We reserve the right to suspend any user’s access to the Site and cancel the contract of any Vendor to violates these rules or who engages in offensive and detrimental behavior, including behavior that shocks, insults, or offends the community and public morals and decency, including through making racist, discriminatory, or offensive comments on our properties and elsewhere or by taking actions that would tend to reflect poorly on us.

5. User Content
"User Content" means any material that you or other visitors submit or transmit in any manner to the Site for any purpose, whether publicly posted or privately transmitted, and includes, but is not limited to, any text, images, audio material, video material, and audio-visual material. This Site and the services it provides may include multiple ways of submitting User Content, including, for example, through use of forums, chats, online bulletin boards, and similar tools that allow visitors to communicate with others or submit content. Unless we indicate that particular User Content you submit will be kept confidential, your User Content may be made available for other visitors to view on the Site or through third-party services. You hereby represent and warrant that the User Content you submit does not violate our Acceptable Use Policy stated herein.

You are prohibited from submitting any User Content that is illegal, unlawful, or infringes on the legal rights of any third party. Furthermore, you may not submit User Content that has ever been the subject of any actual or threatened legal proceedings or any User Content that may give rise to a legal action under any applicable law, whether against you, us, or a third party.

You agree that you are solely responsible for any consequences that may result from submitting User Content, including use of the User Content by other visitors of the Site and by our third-party partners. Unless we indicate that particular User Content you submit will be kept confidential, your User Content may be distributed, published, broadcast, or syndicated by us or our third-party partners. You may be subject to liability if you submit User Content without the authority to do so.

We do not monitor the submission or publication of User Content on the Site and are not responsible for the User Content. We do not endorse or support any User Content or the opinions contained therein and do not guarantee the truthfulness, accuracy, suitability, or reliability of any User Content or other communications submitted or published on the Site. You agree that we are not responsible for any loss or damage you may incur as a result of interacting with others on the Site, and we are under no obligation to become involved in any such disputes. You may not represent that we have provided, endorsed, or supported the User Content you submit. Your use or reliance on any User Content is at your own risk. You assume all risks associated with the User Content you submit, including any reliance on the User Content and the risk of disclosure of the User Content that may identify you personally to a third party. You understand and accept that by using the Site you agree to our nondiscrimination policy.

User Content may be subject to specific rules and limitations we post or communicate to you from time to time. You agree to only submit User Content conforming to such rules and limitations.

We may remove, edit, or delete any User Content submitted, hosted, or stored on the Site or our servers without providing you with prior notice. We are not obligated to store or back up any User Content. Therefore, you are responsible for creating backup copies of any User Content you wish to keep.

Under no circumstances may the Company be held liable in any way for any User Content, including, but not limited to, for any errors or omissions in the User Content or for any loss or damage of any kind that may occur as a result of any User Content submitted, published, or otherwise made available on the Site or elsewhere.

6. Nondiscrimination Policy
We want you to feel welcome and included on our Site. Accordingly, we prohibit discrimination against Members, Vendors and Side Hustlers based on race, color, religion, sex, national origin, ancestry, disability, marital, family, pregnancy status, sexual orientation, gender identity, gender expression, veteran or citizenship status, age, or any other characteristic protected under applicable federal, regional, state, or local law. Such discrimination includes, but is not limited to, refusing to provide or accept services or any other conduct that improperly takes into account these characteristics. This prohibition applies to the posting of discriminatory content, such as reviews or forum posts, on our Site. We will, at our discretion, take steps to enforce this policy, up to and including suspending from our Site those Vendors, Members and Side Hustlers who violate this policy. If you experience discrimination with any Member or Vendor, please contact support at help@festively.com, with the subject "Nondiscrimination Policy", so we can investigate and take appropriate measures.

 

7. User Content License
By submitting User Content you grant the Site an irrevocable, non-exclusive, royalty-free and fully paid, worldwide license (with right to sublicense) to use, publish, copy, adapt, modify, process, reproduce, transmit, distribute, translate, publicly and privately display and perform, incorporate into other works, prepare derivative works of, bring actions for infringement of, and otherwise use in any and all media or distribution methods now known or later developed. This license includes the right to provide the user content to our third-party partners for distribution, publication, syndication, and broadcast on other media, devices, and services subject to our terms and conditions for the use of such user content. You represent and warrant that you have all rights, power, and authority to grant all the rights pertaining to user content as stated in these Terms.

This means that you will always maintain ownership of the user content you submit. However, we have the right to display the user content and make various changes to it as are necessary on the Site and to conform to the needs of different media, devices, services, and computer networks. At no time will you be entitled to any compensation for this license.

8. Third-Party Resources
The Site may contain links and advertisements to third-party websites and services (collectively, "Third-Party Resources"). You agree and acknowledge that Third-Party Resources are not under our control and we are not responsible for the content, products, or services they provide. We provide access to Third-Party Resources only as a convenience to you and do not monitor, endorse, warrant, or make any representations regarding Third-Party Resources. It is your sole responsibility to exercise appropriate caution and discretion when using Third-Party Resources, and you acknowledge that you assume all risks that arise from such use.

Stripe: Payment processing services for Users on www.Festivey.com are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these Terms or continuing to operate on the site, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of the Company enabling payment processing services through Stripe, you agree to provide the Company accurate and complete information about you and your business, and you authorize the Company to share with Stripe, transaction information related to your use of the payment processing services provided by Stripe. We strongly suggest you review Stripe’s policiesStripe requires a date of birth and last 4 digits of a Social Security Number (SSN) when registering for an account. This information is required as part of Stripe’s mandatory identity verification requirement: Stripe must collect, verify, and maintain information on the individuals associated with every US Stripe account, as required by our regulators and financial partners. This is intended to promote transparency and prevent individuals from using complex company structures to hide terrorist financing, money laundering, tax evasion, and other financial crimes.

9. Privacy
We manage the collection, use, and security of your personal information according to our Privacy Policy, incorporated herein by reference. By using this Site you consent to our collection and use of your personal information as set forth in the Privacy Policy.

At times we may need to send you communications related to the Site. Such communications are considered part of the Site, and you may not be able to opt out of receiving them.

We reserve the right to access and disclose the information and User Content you submit to the Site if required to do so by law or if we have a reasonable, good-faith belief that doing so is necessary for (i) responding to requests for customer service, (ii) addressing fraud, security, or technical issues, (iii) protecting the rights, property, and safety of the Company, its users, and the public, (iv) responding to legal claims and processes, or (v) enforcing these Terms, including investigating potential violations.

10. Festively Rights and Ownership
Unless otherwise stated, the Company and its permitted licensors own all intellectual property rights in the Site and its contents, excluding User Content. These rights include, but are not limited to, ownership of all text, graphics, images, logos, copyrighted material, trademarks, patents, software, and other distinctive brand features displayed on the Site, including the compilation of any of the foregoing items. Except for the limited rights granted by these Terms, neither these Terms nor your use or access to the Site give you or any third party any intellectual property rights. We reserve all rights not explicitly granted by these Terms, which do not grant any implied licenses. All copyrights, trademarks, and other intellectual property notices on the Site must be retained on all copies thereof. You may not publish, reverse engineer, modify, distribute, transmit, sell, create derivative or plagiaristic works of, or use or exploit for any commercial reason, whether in whole or in part, any of the content on the Site other than your own User Content without our express prior written consent or the consent of any third-party owners of the content. Site content is not for resale under any circumstances.

11. Copyright Policy
We expect you to respect the intellectual property rights of others when using the Site. We will respond to any notices of copyright infringement that we receive that comply with applicable law and are properly submitted to us (pursuant to 17 U.S.C. 512(c)). In order to submit a notice of infrin
gement of your copyrighted material, please provide us with the following information:

a. A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;

b. Identification of the copyrighted work or works claimed to have been infringed;

c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

d. Your contact information, including your address, telephone number, and an email address, if available;

e. A statement by you that you have 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; and

f. A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

We may remove any content that is alleged to be infringing at our sole discretion without prior notice and without liability to you. We also reserve the right to take other appropriate action against infringers, such as terminating the user's account if the user is determined to be a repeat infringer. Please send any notice of alleged copyright infringement to our designated copyright agent at the following address:

Festively    
Attn: Copyright Agent   
2245 E. Colorado Blvd, Suite 104-174   
Pasadena, California 91107  
Phone: 323-723-2627
Email: hello@festively.com

Note that pursuant to 17 U.S.C. 512(f), any material misrepresentation in a written notification that content is infringing or that allegedly infringing content was removed by mistake or misidentification automatically subjects the complaining party to liability for damages, including costs and attorney's fees incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by us, if injured by such misrepresentation.

12. Sales Policies
When you buy from a shop on Festively, you’re directly supporting an independent business, each with its unique listings, policies, and processing times. By making a purchase from a seller on Festively, you agree that you have: 1. Read the item description and shop policies before making a purchase; 2. Submitted appropriate payment for item(s) purchased; and 3. Provided accurate shipping information to the seller.

13. Refund and Cancellation Policies
Each vendor has his or her own return policies, which should be outlined in their Showroom Policies. Not all vendors accept returns. Only vendors may cancel transactions. Buyers may request that a vendor cancel an order via www.Festively.com. Note that all cancellations must comply with our Anti-Discrimination Policy.

14. Disclaimer of Warranties
Your use of the site is at your sole risk. The site is provided on an “as is” and “as available” basis. The company expressly disclaims all warranties of any kind, whether express, implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

The company makes no warranty that (i) the service/product will meet your requirements, (ii) the service/product will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, or (iv) the quality of any products, service, information, or other material purchased or obtained by you through the service will meet your expectations.  

15. Limitation of Liability
To the maximum extent permitted by applicable law, festively, including its subsidiaries, officers, employees, contractors, affiliates, partners, suppliers, agents, and licensors, may not be held liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, good-will, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the services; (ii) the cost of procuring substitute goods or services; (iii) any conduct or content of any third party on the site, including without limitation, any defamatory, offensive, or illegal conduct of other users or third parties; (iv) any content obtained from the site; (v) unauthorized access, use, or alteration of your transmissions or content; or (vi) other matters related to the site. These limitations apply even if we have been expressly advised of the potential loss or liability.

Notwithstanding anything to the contrary contained herein, in no event may our aggregate liability exceed the greater of one hundred U.S. dollars (U.S. $100.00) or the amount you paid us, if any, in the past six months for the site giving rise to the claim. The existence of more than one claim will not enlarge this limit. You agree that our affiliates, partners, suppliers, agents, and licensors will have no liability of any kind arising from or relating to your use of the site. You further agree not to bring any claim personally against our subsidiaries, officers, employees, contractors, agents, affiliates, partners, suppliers, or licensors.

The limitations in this section apply regardless of the theory of liability, whether based in contract, tort (including negligence), warranty, statute, or otherwise.

Note that some jurisdictions prohibit the limitation or exclusion of liability for incidental or consequential damages, and therefore the limitations and exclusion above may not apply to you. The foregoing does not affect any liability that cannot be excluded or limited under applicable law.

16. Indemnity
You agree to indemnify, defend, and hold harmless the Site and its subsidiaries, officers, employees, contractors, agents, affiliates, partners, suppliers, and licensors, including, but not limited to, costs and attorney's fees, from any claim or disputes by a third party arising out of your use of the Site, violation of these Terms, violation of applicable law, or your posting, modifying, or otherwise transmitting user content through the Site. We reserve the right, at your expense, to assume exclusive control over the defense of any claim or dispute for which you must indemnify us. You agree to cooperate fully with us in defending such claims or disputes, and you agree not to settle any such claims or disputes without our prior written consent. We will make a reasonable effort to provide you with notice of any such claim or dispute once we receive notice.

18. Submitting Content & Termination
The Site may offer users the opportunity to submit information for use on the Site, and to share information with other users through message boards, Vendor advertisements and listings, and other means. You agree to use common sense and good judgment when conducting or posting any online communication or distribution of information.  

Any information submitted to the Site through any of these means is “Submitted Content.” Users are solely responsible for the content of their submitted content. We do not control the submitted content of users. We do not control the material that you or others may list or otherwise make available in such areas. You understand that we have no obligation to monitor any such material or to edit or delete it. However, we reserve the right to do so. We are not a publisher of user listings and we are not responsible for their accuracy or legality. You assume legal responsibility for and will indemnify us from all liabilities, losses or damages incurred as a result of any of your submitted content.  

By using our Site, you agree not to list any submitted content that you know is incorrect or not current. You agree not to impersonate another User or attempt to disguise or conceal the author of any submitted content.  

You further agree not to list submitted content or take any action that: 

  • May create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, any other person or any animal;
  • Is fraudulent, vulgar, obscene, unlawful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, is sexually or otherwise harassing or menacing, high-pressure sales tactics, humiliating to other people (publicly or otherwise), libelous, threatening, highly coercive, profane, or otherwise harmful to any Users or in any way violates the Nondiscrimination Policy set forth below;
  • Creates liability for the Site in any manner whatsoever;
  • Violates or possibly causes us to violate any applicable law, statute, ordinance or regulation or encourages criminal conduct;
  • Scans or tests the vulnerability or security of our Site or the system within which it operates or involves the upload, or insertion of, any programming language or code into or onto, our Site;
  • Contains your personal information that you do not wish to be made public or to be displayed in accordance with the applicable settings that you indicate, or that contains another person's personal information or otherwise invades another's privacy.
  • Contains any information (such as inside, proprietary or confidential information) that you do not have a right to make available due to contract, fiduciary duty or operation of law;
  • Advertise the products or services of others or contains links to third-party web sites. 
  • Is libelous, threatening, harassing, racist, or defamatory, and includes any legal claims of any sort about our employees, agents, other members, or the Site;
  • Advertises or solicits business for products or services other than those that are offered and promoted on the Site;
  • Contains any computer hardware or software, viruses, Trojan horses, worms, spyware, or any other computer programming that may interfere with the operation of our Site or our systems and or create or impose a large burden or load on our Site or systems; or that
  • Infringes any third party's intellectual property rights including but not limited to copyright, patent or trademark rights;
  • Violates any law, rule or regulation, or contains any information or content that is illegal.

We reserve the right to terminate Users who violate these rules. We may suspend or terminate your access to the Site at any time and for any reason or no reason at all, with or without notice, at our sole discretion. This may result in deletion of information associated with your account. You may also terminate your account by deactivating it or by submitting a termination request and discontinuing your use of the Site

Your account may be deactivated if it experiences a prolonged period of inactivity. Your content may also be deleted in the event your access is terminated. Where applicable, all rights and responsibilities of the parties under these Terms will survive the termination of this agreement, including, without limitation, intellectual property ownership, warranties, disclaimers, and limitations of liability.

19. Violations of These Terms
Should you breach these Terms, we may take any and all actions we deem appropriate in our sole discretion under the circumstances, including, but not limited to, suspending, blocking, or terminating your access to the Site and your account. We may also choose to remove your user content.

20. Dispute Resolution        
If you have a dispute with us regarding the Site, you must first send written notice to us at hello@festively.com We will attempt to resolve any disputes you have with us. If we do not resolve your dispute within sixty (60) days from receipt of notice of the dispute, either party may first  pursue mediation then arbitration pursuant to the terms stated below. Because we are a neutral Site we are not responsible for resolving any disputes between you and other members, side-hustlers or vendors regarding services or transactions. The parties agree to negotiate resolution of the dispute in good faith for no less than sixty (60) days after you provide notice of the Dispute.

21. General Terms

a. Entire Agreement   
These Terms and our Privacy Policy represent the entire and exclusive agreement between you and Festively regarding your use of the Site, superseding and replacing all previous agreements. You may also be subject to additional terms and conditions or separate agreements regarding specific services we provide, partner or affiliate services, use of Third-Party Resources, or any purchases you may make through the Site.        
      
In the event that these Terms are translated into other languages and there is a discrepancy between the two language versions, the English language version will prevail in all cases to the extent that such discrepancy is the result of an error in translation.

b. Waiver and Severability   
Our failure to enforce any right or provision of these Terms will not operate as a waiver of such right or provision.       
      
If any provision of these Terms or the application thereof is held to be invalid or unenforceable for any reason and to any extent, that provision will be considered removed from these Terms; however, the remaining provisions will continue to be valid and enforceable according to the intentions of the parties and to the maximum extent permitted by law. If it is held that any provision of these Terms is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.

c. Assignment   
Your rights and obligations under these Terms, including any accounts, profiles, or personalization settings you may have, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempt to do so will be null and void. We may freely assign these Terms and our rights and obligations hereunder without notice to you, and these Terms will continue to be binding on assignees.

d. Cumulative Rights  
The rights of all parties under these Terms are cumulative and will not be construed as exclusive of each other unless otherwise required by law.

 

22. Agreement to Binding Mediation and/or Arbitration  
You agree that any and all disputes or claims that have arisen or may arise between you and the Site, where arising out of relating to these Terms (including any alleged breach thereof), of the Site, any advertising, any aspect of the relationship or transactions between us, shall be resolved first by a meeting of the parties attempting to confer and resolve the dispute in a good faith manner. If the parties cannot resolve their dispute after conferring, any party may require the other to submit the matter to non-binding mediation, utilizing the services of an impartial professional mediator approved by both parties.

If the parties cannot come to an agreement following mediation, they will submit the matter to binding arbitration at a location mutually agreeable to the parties. To begin the arbitration process, a party must make a written request. The arbitration shall be conducted on a confidential basis under the Commercial Arbitration Rules of the American Arbitration Association. The parties reserve the right to object to any individual who is employed by or affiliated with a competing organization or entity. Any decision or award as a result of any such arbitration proceeding shall include the assessment of costs, expenses, and reasonable attorney fees and shall include a written record of the proceedings and a written determination of the arbitrators. Absent an agreement to the contrary, any such arbitration shall be conducted by an arbitrator experienced in E-Commerce. Any decision or award as a result of arbitration shall be final and binding on the parties and may be confirmed in a court of competent jurisdiction. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties. The decisions may be unforced in a court of law.

23. Electronic Communications
Electronic communications occur whenever you use the Site or Services, you send us emails, we send you emails, and we post notices on the Site. You consent to receive such electronic communications and agree that the electronic communications, including, without limitation, all notices, terms, disclosures, and agreements, has the same legal effect and satisfy any legal requirement that such communications would satisfy if provided to you in a written hardcopy.

24. Feedback and Complaints
You hereby assign to us all rights in any feedback or complaints you provide us concerning the Site or Services and agree that we have the right to use and fully exploit all such feedback or complaints in any manner we wish, commercial or otherwise. We will treat all such feedback or complaints as non-confidential and non-proprietary. Do not provide us with any feedback or complaints that you consider confidential or proprietary.

If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 4244 South Market Court, Suite D, Sacramento, CA 95814 or by telephone at (916) 999-2041.

25. Contact Information
Please report any violations of these Terms to us. If you require any more information or have any questions about these Terms, you may contact us as follows:

Festively    
2245 E. Colorado Blvd, Suite 104-174   
Pasadena, California 91107  
Phone: 323-723-2627
Email: hello@festively.com