Terms and Conditions
Last Updated: September 25, 2014
Effective Date: September 26, 2014
Welcome to the Birthday Express website (collectively referred to as the "Site"), which is owned and operated by BIRTHDAYEXPRESS.COM. BIRTHDAYEXPRESS.COM provides its services to you subject to the notices, terms, and conditions set forth in this agreement (the "Agreement"). In addition, when you use any Site service (e.g., Customer Reviews), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into this Agreement by this reference. BIRTHDAYEXPRESS.COM reserves the right to change this Site and these terms and conditions at any time. You agree to check back often to see if the terms have changed. Any changes to this Agreement will be posted on this page, and a notice will be posted on the Site and/or sent via email. All changes will become effective five (5) business days after notice is given. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
USE OF SITE
You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian.
Subject to the terms and conditions of this Agreement, BIRTHDAYEXPRESS.COM hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by BIRTHDAYEXPRESS.COM in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by BIRTHDAYEXPRESS.COM in writing. BIRTHDAYEXPRESS.COM reserves the right to refuse service, terminate accounts, refuse to apply promotion and/or coupon codes, and/or cancel orders at its discretion, including, without limitation, if BIRTHDAYEXPRESS.COM believes that customer conduct violates applicable law or is harmful to BIRTHDAYEXPRESS.COM' interests.
This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of BIRTHDAYEXPRESS.COM. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of BIRTHDAYEXPRESS.COM without express written consent. You may not use any meta tags or any other "hidden text" utilizing BIRTHDAYEXPRESS.COM' name or trademarks without the express written consent of BIRTHDAYEXPRESS.COM. Any unauthorized use terminates the permission or license granted by BIRTHDAYEXPRESS.COM. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of celebrateexpress.com, birthdayexpress.com, 1stwishes.com, or costumeexpress.com so long as the link does not portray BIRTHDAYEXPRESS.COM, or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any BIRTHDAYEXPRESS.COM logo or other proprietary graphic or trademark as part of the link without express written permission.
You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
Submissions or opinions expressed on this Site are that of the individual expressing such Submission or opinion and may not reflect the opinions of BIRTHDAYEXPRESS.COM. Product representations expressed on this Site are that of the vendor and are not made by BIRTHDAYEXPRESS.COM.
BIRTHDAYEXPRESS.COM may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and BIRTHDAYEXPRESS.COM has no obligation to investigate the authorization or source of any such access or use of the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify BIRTHDAYEXPRESS.COM of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and/or provide BIRTHDAYEXPRESS.COM, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as nonconfidential and nonproprietary, and BIRTHDAYEXPRESS.COM shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, or create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the property of BIRTHDAYEXPRESS.COM and shall not be returned to you.
In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant BIRTHDAYEXPRESS.COM the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other Content that you post on this Site and that use of your reviews, comments, or other Content by BIRTHDAYEXPRESS.COM will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead BIRTHDAYEXPRESS.COM or third parties as to the origin of any Submissions or Content. BIRTHDAYEXPRESS.COM may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.
All text, graphics, button icons, images, audio clips, and software (collectively, “Content”), belongs exclusively to BIRTHDAYEXPRESS.COM or its Content suppliers. The collection, arrangement, and assembly of all Content on this Site (the “Compilation”) belongs exclusively to BIRTHDAYEXPRESS.COM. All software used on this Site (the “Software”) is the property of BIRTHDAYEXPRESS.COM or its Software suppliers. The Content, the Compilation and the Software are all protected by U.S. and international copyright laws. Celebrate Express, Birthday Express, 1st Wishes, Costume Express, and other logos, slogans, trade names or words are registered trademarks, trademarks or service marks of BIRTHDAYEXPRESS.COM, its suppliers, or third parties. The use of any BIRTHDAYEXPRESS.COM trademark or service mark without BIRTHDAYEXPRESS.COM’ express written consent is strictly prohibited. You may not use any BIRTHDAYEXPRESS.COM trademark or service mark in connection with any non-BIRTHDAYEXPRESS.COM product or service or in any way that is likely to cause confusion. You may not use BIRTHDAYEXPRESS.COM’ trademarks or service marks in any manner that disparages or discredits BIRTHDAYEXPRESS.COM, Celebrate Express, or any of its subsidiaries or affiliates. You may not use any of the BIRTHDAYEXPRESS.COM trademarks or service marks in meta tags without the prior explicit consent of BIRTHDAYEXPRESS.COM.
RISK OF LOSS; OTHER TERMS OF SALE
The risk of loss and title for items purchased by you pass to you upon BIRTHDAYEXPRESS.COM’ delivery of the items to the carrier pursuant to BIRTHDAYEXPRESS.COM’ standard terms of sale, which you may access here, here, here and here (and on the webpages to which those webpages link).
TERMINATION AND EFFECT OF TERMINATION
In addition to any other legal or equitable remedies, BIRTHDAYEXPRESS.COM may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and BIRTHDAYEXPRESS.COM shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.
DISCLAIMER AND LIMITATION OF LIABILITY
EXCEPT AS OTHERWISE PROVIDED IN THE STANDARD TERMS OF SALE THAT GOVERN THE SALE OF EACH PRODUCT ON THIS SITE, A COPY OF WHICH YOU MAY ACCESS HERE, HERE, HERE and HERE (and on the webpages to which those webpages link), THIS SITE, THE PRODUCTS OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY BIRTHDAYEXPRESS.COM ON AN "AS IS" BASIS. BIRTHDAYEXPRESS.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE EXCEPT AS PROVIDED HERE, HERE, HERE and HERE (and on the webpages to which those webpages link). TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BIRTHDAYEXPRESS.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. BIRTHDAYEXPRESS.COM DOES NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BIRTHDAYEXPRESS.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BIRTHDAYEXPRESS.COM' TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO BIRTHDAYEXPRESS.COM DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO BIRTHDAYEXPRESS.COM' LIABILITY.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, BIRTHDAYEXPRESS.COM shall have the right to refuse or cancel any orders placed for product(s) listed at the incorrect price. BIRTHDAYEXPRESS.COM shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, BIRTHDAYEXPRESS.COM shall immediately issue a credit to your credit card account in the amount of the charge.
This Site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that BIRTHDAYEXPRESS.COM is not responsible for the operation of or content located on or through any such site.
BIRTHDAYEXPRESS.COM respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notification and Procedure for Making Claims of Copyright Infringement.
You agree that BIRTHDAYEXPRESS.COM’ remedy at law for any actual or threatened breach of this Agreement would be inadequate and that BIRTHDAYEXPRESS.COM shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that BIRTHDAYEXPRESS.COM may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.
No right or remedy of BIRTHDAYEXPRESS.COM shall be exclusive of any other, whether at law or in equity, including without limitation damages, injunctive relief, attorneys' fees and expenses.
No instance of waiver by BIRTHDAYEXPRESS.COM of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.
If any these provisions or conditions shall be deemed invalid, void, or for any reason unenforceable, that provision or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining provision or condition.
Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site to:
- Birthday Express
- 5915 South Moorland Rd.
- New Berlin, WI 53151