Terms of Use
marygabriella.com is an online retailer specializing in apparel and party supplies. Visitors using Pmarygabriella.com to purchase products must agree to marygabriella.com’s operating policies outlined in the “Ordering Information” section of the Properties, which may change from time to time.
By using marygabriella.com, you agree to all of these terms.
Privacy
Party City takes the privacy of our customers very seriously. Our data collection and use practices are set out in our Privacy Policy, which we encourage you to review.
Our Properties are provided by the United States, and all servers that provide them are located within the United States. The laws of other countries may vary regarding access to and use of the Properties. We make no representations regarding the legality of the Properties in any other country, and it is your responsibility to ensure that your use complies with all applicable laws outside of the United States and its territories.
Your Account
You can visit our website, search for, and purchase our products without creating a user account. However, in order to access certain features of the marygabriella.com Properties, you may need to create an online account with us. To create an account, simply click “Your Account” at the top of the screen, enter your email address, and select a password. Only your first and last name are required to complete registration, but more information is required to complete a purchase, such as your address and payment information. By submitting payment information, you represent and warrant that you have the legal right to use any credit card or other payment method in connection with any transaction. You further warrant and represent that all information you provide to us when using our Properties is and will remain complete and accurate.
By submitting your information, you grant marygabriella.com the right to use that information and provide it to third parties to facilitate the completion of your transactions. In addition to all other rights marygabriella.com has, including those set forth in these Terms, marygabriella.com reserves the right to verify your information before processing your order, limit order quantities, cancel any order, refuse service to you, or terminate your account, in its sole discretion. Please remember that you are responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your account, including any unauthorized use of your password or any other access code.
License
marygabriella.com grants you a limited, personal, revocable, non-exclusive, non-commercial, non-transferable license to use our Properties for your own personal, non-commercial use, provided that you do not violate these Terms or applicable law. However, these Terms do not give you any right to copy, distribute, transmit, publish, or commercially exploit any information and content on our Properties. This includes emailing, faxing, sending to any online or physical channel, storing in a database accessible to people other than you, or otherwise making information and content available electronically or otherwise. You may not use any trademark, logo, content, or other proprietary information (including images on our Properties) without the express written consent of marygabriella.com.
Intellectual Property
All photographs, images, illustrations, graphics, designs (including product designs), logos, audio clips, video, data, music, icons, text, software, all improvements or modifications thereto, all derivative works based thereon, and the collection, arrangement and assembly of the marygabriella.com Properties, including all copyrights, trademarks and other intellectual property or proprietary rights in and to the foregoing (collectively, the “Content”) are subject to copyrights, trademarks, service marks, trade dress, patents and/or other intellectual property rights or licenses, and rights of publicity and privacy, and all worldwide right, title and interest in and to marygabriella.com owned by or licensed to marygabriella.com. Certain content or other materials on the Properties belong to third parties who have authorized marygabriella.com to display the content or other materials, such as third-party retailer logos. By using the Properties, you agree not to reproduce, distribute, modify or prepare derivative works without the prior written consent of the owner of any content or other such materials. Nothing in these Terms shall be deemed to grant you any right, title or interest in or to any copyright, trademark or other proprietary right of marygabriella.com or its licensors. marygabriella.com and its suppliers and licensors expressly reserve all U.S. and international intellectual property rights in all Content.
General User Generated Content
By posting, distributing, sending, displaying or otherwise submitting any comments, messages (including, without limitation, by email or text message), feedback, reviews, questions, ideas, suggestions, data, information, text, music, sound, photos, graphics or other content (“User Generated Content”), you: (A) grant, and you represent and warrant that you have the right to grant, to marygabriella.com the exclusive, royalty-free, worldwide, perpetual, transferable, irrevocable, fully paid-up, sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, publicly display and perform the User Generated Content throughout the world for any purpose (including, without limitation, for use in any promotional, advertising or media). whether now known or contemplated in the future; (B) grant marygabriella.com and its affiliates, assigns and sublicensees the right to use your name, likeness and other personal attributes (including social media handles) submitted by you in connection with such User Generated Content in all media in which the User Generated Content may be used in accordance with these Terms; (C) represent and warrant that: (i) you solely own and control all of the rights in the User Generated Content that you post or otherwise distribute, or you otherwise have the legal right to post and distribute such User Generated Content to or through these Terms; (ii) such User Generated Content is accurate and not misleading or otherwise unlawful; and (iii) the submission, use, posting or other transmission of such User Generated Content does not violate these Terms and will not infringe or cause injury to any rights of any person or entity, including, without limitation, the copyrights, trademarks, service marks, privacy rights, rights of publicity or other intellectual property or personal or proprietary rights of any third party; and (D) agree that Square City has no obligation to pay you any fees for use of the User Generated Content or to attribute the User Generated Content to you. You further grant marygabriella.com the right to pursue legal action against any person or entity that violates your or marygabriella.com’s rights in the User Generated Content by violating these Terms.
User Generated Content you submit to or through the Properties will be considered non-confidential and non-proprietary, and marygabriella.com will have no obligation to treat such User Generated Content as your confidential or proprietary information. Once you submit or post User Generated Content to the Properties, you acknowledge that marygabriella.com is not required to grant you any right to review or approve the use of such User Generated Content, nor to compensate you for any use. Without limiting the foregoing, Fangcheng reserves the right to use User Generated Content as it deems appropriate, including but not limited to removing, editing, modifying, rejecting or refusing to post User Generated Content. Notwithstanding the foregoing, if it is determined that you retain moral rights (including rights of attribution or integrity) in the User Generated Content, by submitting the User Generated Content, you agree that (A) you do not request that any personally identifying information be used in connection with the User Generated Content or any derivative works thereof, or upgrades or updates thereto; (B) you have no objection to the posting, use, modification, deletion or exploitation of the User Generated Content by Party City or its agents; (C) you waive and will not assert or assert any moral rights of the author in any User Generated Content; and (D) you release marygabriella.com from any claims that marygabriella.com may have against marygabriella.com due to any moral rights. In addition, you hereby release marygabriella.com and its affiliates, successors and assigns from and waive any claims, demands, damages, losses, liabilities and causes of action against marygabriella.com or its affiliates, successors or assigns for libel, defamation, invasion of privacy, publicity, character or exploitation of your name. For the avoidance of doubt, you are solely responsible for any Content you may post on the Properties and for the consequences of posting any Content on the Properties.
marygabriella.com does not accept any unsolicited ideas from outside of marygabriella.com, including, but not limited to, suggestions for advertising, promotion or sale of our products, additions to our product lines, services or changes in the way we do business. We may already be working on or may work on similar ideas in the future. This policy eliminates concerns about ownership of such ideas. Notwithstanding this policy, if you submit an unsolicited idea to the Properties, you understand and acknowledge that the idea is not submitted in confidence and marygabriella.com considers the idea without any obligation, express or implied. You further understand that marygabriella.com shall exclusively own all rights in and to the idea, whether now known or hereafter existing, throughout the world, and that the idea is hereby irrevocably assigned to marygabriella.com. Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, you hereby grant marygabriella.com an irrevocable, perpetual, worldwide license to use the idea in any manner and in any media now known or hereafter developed, without compensation to you.
DMCA Notice
Materials may be made available through the Properties by third parties over whom we have no control. We have no obligation to, and do not, scan content posted on the Site for illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to allow material that we know infringes another party’s copyright to remain on the Property.
If you believe that any material on the Property infringes a copyright, you should provide us with a written notification that contains at least:
(i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) 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;
(iv) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v) a statement that the complaining party 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; and
(vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
It is our policy to terminate content relationships with third parties who repeatedly infringe the copyrights of others.
Prohibited Activities
By using marygabriella.com Properties, you agree that you shall not:
· reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purpose any portion of, use of or access to the Properties;
· remove or attempt to remove any copyright, trademark or other proprietary notice contained in or on our Properties;
· use or attempt to use the intellectual property and/or proprietary information on the Properties in connection with any other product or service in a manner that is likely to cause confusion among consumers;
· use or attempt to use the intellectual property and/or proprietary information on the Properties to disparage Disparage or disparage the owner of such trademarks;
· Use or attempt to use the intellectual property and/or proprietary information on the Properties to abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including their privacy or publicity rights;
· Use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Properties, other than the search engine and search agents provided by marygabriella.com or generally publicly available browsers;
· Without the express prior written consent of Party A consent, frame, mirror or use framing techniques on any part of the Properties;
· create user accounts by automated means or under false or fraudulent pretenses;
· use or attempt to use our Properties to violate the security of or gain unauthorized access to any computer, computer network, system or device;
· use any meta tags or any other hidden text utilizing the marygabriella.com name or mark;
· send unsolicited or unauthorized email on behalf of marygabriella.com, including promotions and/or advertising for products or services;
· use our Properties to harvest or attempt to harvest unauthorized passwords or security encryption codes;
· tamper with the Properties or use or attempt to use any device, software, routine or data that interferes or attempts to interfere with the working or functionality of the Properties or any activities conducted on the Properties;
· modify, adapt, translate, reverse engineer, decompile or disassemble any part of the Properties;
· intentionally or unintentionally use or attempt to use the Properties to violate any applicable local, state, federal or international law;
General Ordering and Billing Conditions
marygabriella.com’s confirmation of your order means that your order request has been received. This does not mean that your order has been accepted or shipped, nor does it mean that the price or availability of the merchandise has been confirmed.
You agree to accept responsibility for all purchases and other activity made under your name and/or account. Only major credit cards are eligible for settlement, and marygabriella.com reserves the right to refuse debit cards, gift cards, prepaid cards, or similar settlement devices.
Product Descriptions and Availability
marygabriella.com will make reasonable efforts to ensure the integrity and currency of our data. We provide recipes, party planning tips, and other information and content on our Properties. The inclusion of any products on the Properties does not imply or guarantee that those products will be available at any particular time, nor does it mean that the properties listed are accurate or complete. marygabriella.com’s products are constantly upgraded and modified to offer you new products. marygabriella.com may change the properties without prior notice to customers.
We may modify, discontinue or revise products at any time without notice and products may become unavailable. We are not responsible if the products ordered are unavailable. If necessary, we reserve the right to substitute goods of equal or greater value when an item is unavailable or we have the right to cancel an order.
Errors; Corrections
While we try to ensure that all information displayed in the properties and catalog is correct, errors may sometimes occur. A small number of products available on our website may be inaccurately described, mispriced or unavailable. We are not responsible for any inaccuracies, typos, misspellings or errors contained in our properties.
We also try to provide an accurate representation of the colors of our products. However, due to many factors beyond our control, such as your computer’s color settings and screen size, we cannot guarantee that the products displayed on your screen will exactly match the products you receive.
marygabriella.com reserves the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice, including modifying your order (including charging the correct price) if necessary and/or canceling your order and refunding any amount charged. We sincerely apologize for any inconvenience caused.
Pricing
The prices charged by marygabriella.com will be the prices in effect on the date your order is received. You agree to pay marygabriella.com all charges at the then-effective prices for products and/or services that you or others using your account or payment method may purchase, and authorize marygabriella.com or its designated payment processor to charge your payment provider for any such purchases. All payments are payable in U.S. dollars. Posted prices do not include sales tax, which will be charged to you when applicable. marygabriella.com reserves the right to correct its pricing errors, even if payment has already been requested. marygabriella.com assumes no liability for damages or losses related to any lost profits or lost commissions resulting from unconcluded business transactions resulting from price increases.
Returns
If a product offered by marygabriella.com is not as described, your sole remedy is to return it in unused condition. For more information on how to return a product you have purchased, please review Party City’s Return Policy.
Product Descriptions and Availability
marygabriella.com makes reasonable efforts to ensure the completeness and timeliness of our data. We provide recipes, party planning tips and other information and content on our website. The inclusion of any products in the properties does not imply or guarantee that these products will be available at any particular time, nor does it mean that the properties listed are accurate or complete. Party City’s products are constantly being updated and revised to offer you new products. Party City may modify, discontinue or amend products at any time without prior notice to customers, and products may become unavailable without notice. Party City assumes no responsibility if the ordered products are unavailable. Party City reserves the right to make substitutions if necessary if goods of equal or greater value cannot be obtained, or to cancel the order.
Errors; Modifications
While we try to ensure that all information displayed in the properties and catalog is correct, errors sometimes occur. A small number of products available on our website may be inaccurately described, mispriced or unavailable. We are not responsible for any inaccuracies, typos, misspellings or errors contained in our properties.
We also try to provide an accurate representation of the colors of our products. However, due to many factors beyond our control, such as your computer’s color settings and screen size, we cannot guarantee that the products displayed on your screen will exactly match the products you receive.
marygabriella.com reserves the right to change or update information and correct errors, inaccuracies or omissions at any time without prior notice, including, if necessary, to modify your order (including charging the correct price) and/or cancel your order and refund any amounts charged. We apologize for any inconvenience caused.
Determination of Prices
The prices charged by marygabriella.com will be the prices in effect on the date your order is received. You agree to pay marygabriella.com for all charges for products and/or services purchased by you or others using your account or payment method at then-current prices, and authorize marygabriella.com or its designated payment processor to charge your payment provider for any such purchases. All payments are payable in U.S. dollars. Posted prices do not include sales tax, which will be charged to you when applicable. marygabriella.com reserves the right to correct its pricing errors, even if payment has been requested. marygabriella.com assumes no liability for damages or losses resulting from any lost profits or lost commissions from business transactions resulting from price increases.
Return
If a product offered by marygabriella.com is not as described, your sole remedy is to return the product in unused condition. For more information on how to return a product you have purchased, please review Party City’s Return Policy.
Third Party Links
The marygabriella.com Properties may contain links to websites operated by third parties. These links may appear in banners, advertisements, text links or otherwise. marygabriella.com has no control over these third party websites, all of which have separate privacy policies and terms of use that are independent of ours. If you access one of these pages from marygabriella.com’s Properties, you understand that you do so at your own risk. In some cases, marygabriella.com Properties may be accessed through a link located on another website. marygabriella.com makes no representations or warranties regarding these other websites or any information contained on those websites, and we are not responsible for any damages or injury arising from the content on those other websites. We recommend that you review the policies and terms of each third party website you visit. You acknowledge that all transactions relating to any goods or services provided by any third party, including but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms associated with such transactions, are negotiated solely between the third party seller or buyer of such goods and services and you, and you will look solely to such third party to enforce any of your rights. If any problems arise with products or services you purchase from a third party, you agree that you will resolve such issues with the third party, but all of our limitations of liability and other rights shall still apply. We may not be able to accept returns or refund the purchase price for any transactions you complete with a third party through our Properties. Any warranties relating to any products, services, materials or information provided by or through a third party are provided solely by such third party and not by us.
Disclaimer of Warranties
Each provision of these Terms relating to limitations of liability, disclaimers of warranties or exclusions of damages is intended to allocate the risk of the agreement between you and marygabriella.com. This allocation is an essential element of the bargain between you and marygabriella.com.
Your use of these Properties and any information, products and/or services is entirely at your own risk. TO THE FULLEST EXTENT PERMITTED BY LAW, ALL SUCH INFORMATION, PRODUCTS, CONTENT AND/OR SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND/OR USE OF OUR PROPERTIES, INCLUDING, WITHOUT LIMITATION, ALL INFORMATION, PRODUCTS, CONTENT AND/OR SERVICES CONTAINED OR DESCRIBED ON OUR PROPERTIES, AND HEREBY DISCLAIM ALL SUCH REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
marygabriella.com DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION AND CONTENT ACCESSED THROUGH OUR PROPERTIES ARE ACCURATE, CURRENT OR COMPLETE, AND marygabriella.com IS NOT LIABLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES THAT RESULT FROM THE USE, INABILITY TO USE, OR RELIANCE ON ANY ASPECT OF OUR PROPERTIES. marygabriella.com DOES NOT REPRESENT OR WARRANT THAT OUR PROPERTIES WILL BE TIMELY, UNINTERRUPTED, SECURE, OR marygabriella.com does not represent or warrant that the nutrition, ingredient, allergen, and other product information on our Properties is accurate or complete because this information is provided by product manufacturers or suppliers, and sometimes manufacturers may modify their products and update their labels. We recommend that you do not rely solely on the information provided on our Properties and that you consult the product’s label or contact the manufacturer directly if you have specific dietary concerns or questions about a product.
Except as expressly provided herein and to the maximum extent permitted by law, no warranty is created by our Properties.
Limitation of Liability
In no event shall marygabriella.com or its respective affiliates, or any of the foregoing shareholders, directors, officers, members, managers, employees, agents, or representatives be liable to you or any third party for any damages of any kind (including, but not limited to, any direct, indirect, special, punitive, incidental, or consequential damages, attorneys’ fees, or damages for loss of profits, goodwill or revenue, or for business interruption). or data loss) arising out of or related to the use, access, reliance on, unavailability, inability to use, or improper use of the City’s properties, including, but not limited to, any information, products and/or services or the disclosure or misuse of any of your personal information, even if we have been advised of or should have known of the possibility of such damages, regardless of the form of action, whether in contract, tort (including negligence), breach of warranty, product liability or otherwise.
If you are dissatisfied with the Site, any content on the Site, or these Terms as amended from time to time, your sole and exclusive remedy is to discontinue using the Site. This limitation shall apply notwithstanding the failure of essential purpose of any limited remedy set forth herein.
If any part of these limitations of liability is held invalid or unenforceable for any reason, or if we are held liable to you in any manner, our total liability for all claims for liability in such circumstances shall not exceed the amount you paid for the purchase of such property.
Party A shall not be liable for breach of contract resulting from circumstances or events beyond its reasonable control, including, but not limited to, strikes or labor disputes (whether involving Party B’s or a third party’s workforce), shortages or inadequacies of raw materials, parts or basic utilities.
If you are a California resident, you waive California Civil Code Section 1542, which states in part: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him, must have materially affected his settlement with the debtor.”
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to any principles of conflicts of law. Any action or proceeding arising out of or related to these Terms must be brought in the state or federal courts located in New Jersey. You hereby consent to the exclusive personal jurisdiction of such courts and waive any objection based on inconvenient forum.
Class Action Waiver
You agree that, to the extent permitted by applicable law, any and all disputes, claims and causes of action arising out of or related to the Property and these Terms will be resolved individually, rather than as a plaintiff or class member in any purported class or representative proceeding in the forum specified above, without resort to any form of class action.
Time Limitation: Any claim you may have must be commenced within one (1) year of the date you assert the claim.
Miscellaneous
These Terms will be deemed accepted by you when you use marygabriella.com’s Properties and constitute the entire agreement between you and marygabriella.com with respect to your use of our Properties. The provisions of these Terms will survive any termination of marygabriella.com’s Properties. No course of conduct or trade practice can modify these Terms. If any provision of these Terms conflicts with the law under which these Terms are interpreted, or if any such provision is held invalid by a court of competent jurisdiction, then such provision shall be deemed restated to reflect, as nearly as possible, the original intent of marygabriella.com, and the remainder of these Terms shall remain in full force and effect. No failure, partial exercise, or delay in exercising any right or remedy under these Terms shall constitute a waiver or disclaimer
If you are dissatisfied with the Site, any content on the Site, or these Terms as amended from time to time, your sole and exclusive remedy is to discontinue using the Site. This limitation shall apply even if any limited remedy set forth herein fails of its essential purpose.
If any part of these limitations of liability is held invalid or unenforceable for any reason, or if we are held liable to you in any way, then our total liability for all claims for liability in such circumstances shall not exceed the amount you paid for the purchase of such property.
Party A shall not be liable for breach of contract due to circumstances or events beyond its reasonable control, including, but not limited to, strikes or labor disputes (whether involving Party B’s or third parties’ labor), shortages or inadequacies of raw materials, parts or basic utilities.
If you are a California resident, you waive California Civil Code Section 1542, which states in part: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you.
Governing Law
marygabriella.com’s corporate headquarters are in Rockaway, New Jersey. These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, without giving effect to any principles of conflicts of law. Any action or proceeding arising out of or related to these Terms must be filed in the state or federal courts located in New Jersey. You hereby consent to the exclusive personal jurisdiction of such courts and waive any objection based on inconvenient forum.
Class Action Waiver
You agree that, to the extent permitted by applicable law, any and all disputes, claims and causes of action arising out of or related to the Property and these Terms will be resolved individually, and not as a plaintiff or class member in any purported class or representative proceeding, in the forums specified above, without resort to any form of class action.
Time Limitations: Any claim you have must be brought before Start within one (1) year from the date of your claim.