The web pages available at celebrifi.com, and all linked pages ("Site"), are owned and operated by Entrup Mountain, Inc. , a Delaware corporation, and is accessed by you under the Terms of Use described below ("Terms of Service ").
By using Celebrifi.com (the "Site"), you are agreeing to comply with and be bound by the following terms of service. Please review the following terms carefully. If you do not agree to these terms, you should not use this site.
1. Acceptance of Agreement
You agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to Celebrifi. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on Celebrifi.com, and you should review this Agreement prior to using the site.
2. Registration
You may be required to register as a member in order to access certain sections or features of Celebrifi. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be completed using a valid email address and it is your responsibility to maintain the privacy and security of your password. A unique username is required for use of Celebrifi. We may disable your account if your username intentionally impersonates another person, appropriates their rights, or is offensive, obscene, or racist. Celebrifi reserves the right to cancel accounts at its sole discretion.
Celebrifi is not intended for users under the age of 13 and does not knowingly collect personal or usage information from users under the age of 13. By using this Site you certify that you are more than 13 years old. Do not use or register for Celebrifi if you do not meet this requirement.
3. User Conduct
4. Celebrifi Content and Copyrights
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties.
5. Advertisers
Celebrifi may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser's or sponsor's materials.
6. Errors, Corrections and Changes
We do not represent or warrant that Celebrifi will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through Celebrifi will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of Celebrifi at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on Celebrifi.
7. Third Party Content
Third party content may appear on Celebrifi or may be accessible via links from the site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on Celebrifi. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
8. Unlawful Activity
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
9. Indemnification
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.
10. Disclaimer
Celebrifi service is provided "as-is" and "as available." The information provided on Celebrifi and the service itself may contain bugs, errors, problems or other limitations, and may contain or link to sites containing information that you may find offensive. Celebrifi will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site.
11. Limitation of Liability
We and our Affiliated Parties have no liability whatsoever for your use of any information or the Celebrifi service. We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from Celebrifi or any services or products obtainable therefrom, (b) the unavailability or interruption of the site or any features thereof, (c) your use of Celebrifi, (d) the content contained on Celebrifi, or (e) any delay or failure in performance.
THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE CONTENT, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
12. Use of Information
We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy. Except as expressly provided otherwise in the Privacy Policy, you agree that by posting messages, uploading files, inputting data, or engaging in any other form of communication with or through the Site, you grant us a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, reproduce, modify, adapt, translate, enhance, transmit, distribute, publicly perform, display, or sublicense any such communication in any medium (now in existence or hereinafter developed) and for any purpose, including commercial purposes, and to authorize others to do so. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
13. Third-Party Services
We may allow access to or advertise certain third-party product or service providers ("Merchants") from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
14. Privacy Policy
Our Privacy Policy, as it may change from time to time, is a part of this Agreement.
15. Copyright Information
Celebrifi is designed to help you find news information that resides on both Celebrifi and on sites not owned or controlled by Celebrifi. In particular, Celebrifi provides brief descriptions of news stories to help you identify the stories of interest to you. When you select a story that appears to be interesting, you will be linked to either a Celebrifi page that contains a longer, or full, version of the story or to the news site on which that story appears. Celebrifi does not claim ownership rights to the full news stories, which are instead held by the sites to which Celebrifi links or other third party providers.
All images on Celebrifi are readily available in various places on the Internet and believed to be in public domain. Images posted are believed to be posted within our rights according to the U.S. Copyright Fair Use Act (title 17, U.S. Code.)
16. Claims of Infringement
If you believe that any content appearing on Celebrifi infringes on your copyright, please let us know. E-Mail agent AT celebrifi DOT com with the following information and the infringing material will be removed as soon as possible.
Please also note that under Section 512(f) of the Copyright Act any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
17. Miscellaneous
No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and you do not have any authority of any kind to bind Entrup Mountain, Inc. in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Entrup Mountain, Inc. shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Entrup Mountain, Inc.'s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable. The Terms of Use is not assignable, transferable or sublicensable by you except with Entrup Mountain, Inc.'s prior written consent. Entrup Mountain, Inc. may transfer, assign or delegate the Terms of Use and its rights and obligations without consent. The Terms of Use shall be governed by and construed in accordance with the laws of the state of California, as if made within California between two residents thereof, and the parties submit to the exclusive jurisdiction of the Superior Court of San Francisco County and the United States District Court for the Northern District of California. Notwithstanding the foregoing sentence, (but without limiting Entrup Mountain, Inc.'s right to seek injunctive or other equitable relief in any court of competent jurisdiction), any disputes arising with respect to this Agreement shall be referred to an arbitrator affiliated with JAMS, The Resolution Experts. The arbitrator shall be selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties. The arbitration proceeding shall be carried on and heard in San Francisco, California using the English language and pursuant to the rules of JAMS. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fees. Both parties agree that the Terms of Use is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of Use, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.
18. Trademarks
Celebrifi, Celebrified, Celebrifier and other Celebrifi graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Entrup Mountain, Inc. in the U.S. and/or other countries. Entrup Mountain Inc.'s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.
