- MIAMI PARTY DECOR TERMS OF USE
- Your Account with Miami Party Decor
- License for Miami Party Decor Properties
- User-Generated Content on Miami Party Decor Properties
- Copyright Infringement Notice for Miami Party Decor Properties
- Usage Restrictions for Miami Party Decor Properties
- Product Details and Availability for Miami Party Decor
- Pricing Details
- Returns
- Third-Party Links on Miami Party Decor
- Disclaimer of Warranties for Miami Party Decor
- Exclusions for Miami Party Decor
MIAMI PARTY DECOR TERMS OF USE
ATTENTION: Kindly review these Terms of Use (“Terms”) meticulously prior to using this website or mobile application. These Terms highlight crucial elements concerning your association with Miami Party Decor (“Miami Party Decor,” “we,” “us,” or “our”), such as the permissions you grant to Miami Party Decor when navigating www.miamipartydecor.com, its associated websites, platforms, and apps globally (altogether, the “Properties”). Moreover, these Terms outline stipulations on how you may utilize the Properties, along with disclaimers and warranties that define our potential obligations to you. Notably, these Terms incorporate a clause that mandates all claims to be raised individually and not as a collective representative or member. Refer to the segment titled “Class Action Waiver” for extensive information.
By accessing or using the Properties, you indicate that you are at least eighteen (18) years old, competent to enter into a binding agreement under prevailing regulations, and have read, comprehended, and consent to these Terms. This also includes our Privacy Policy and any additional terms and stipulations specified in our other policies and contracts relevant to you, all of which are amalgamated by reference.
Should you disagree with, or find yourself unable to adhere to any of these Terms at any point, you must refrain from accessing or using the Properties.
Accessibility for Miami Party Decor
If you experience difficulties accessing the Miami Party Decor website or any affiliated websites, please send us a text to email support@miamipartydecor.com.
Terms of Use for Miami Party Decor
Miami Party Decor is a premier online destination for party decorations and supplies. Those who interact with Miami Party Decor’s platforms or make purchases must adhere to the policies highlighted in the Ordering Information section, which can be updated periodically.
By engaging with Miami Party Decor’s platforms, you consent to these Terms.
Privacy at Miami Party Decor
At Miami Party Decor, we value our customers’ privacy. Our data gathering and utilization methods are detailed in our Privacy Policy, which we advise you to go through.
Our online platforms are hosted from the Digital Ocean, with all servers located within the U.S.A and its territories. If you are accessing our site from outside the U.S.A, the regulations of your country might differ. We do not claim that our platform aligns with the laws of other nations. It’s up to you to ensure your use of our platforms adheres to the rules of your jurisdiction.
Your Account with Miami Party Decor
Browsing and Purchasing:
Visitors are welcome to explore our Properties and can purchase from Miami Party Decor without the necessity of creating an account. Nevertheless, to experience certain features of Miami Party Decor’s Properties, setting up an online account may be obligatory. Establishing an account is straightforward: click on “Your Account” positioned at the top of the page, register using your email address, and create a password. While registration demands merely your first and last names, completing a purchase requires additional details, including your address and payment information.
Payment Information and Representations:
When you provide payment details, you affirm that you are legally authorized to perform transactions using the credit card(s) or other payment methods furnished and that all information you supply is accurate and complete. You undertake to maintain the accuracy of such information.
Use of Your Information:
Upon submitting your details, you are granting Miami Party Decor permission to use this information and, if necessary, to share it with third parties to ensure the successful completion of your transactions. In concurrence with the rights outlined in these Terms, Miami Party Decor, at its sole discretion, holds the right to:
- Verify your information before processing orders
- Limit order quantities
- Cancel any order
- Refuse service
- Terminate or suspend your account
Account Security:
You bear the responsibility for safeguarding the confidentiality of your account password and acknowledge accountability for all activities conducted under your account. This responsibility encompasses all unauthorized use of your password or account, if any. If you suspect any unauthorized use of your account or breach of your account security, you are obligated to notify Miami Party Decor promptly.
License for Miami Party Decor Properties
Usage Rights:
Miami Party Decor offers you a constrained, individual, revocable, non-exclusive, non-commercial, and non-transferable license to employ our Properties/Services/Products for your individual, non-commercial usage. Such usage should comply with these Terms and relevant laws. It’s crucial to note that these Terms don’t permit you to reproduce, disseminate, transmit, or exploit commercially any information or content on our Properties. This encompasses sending via email, faxing, posting to any digital or tangible platform, saving in a publicly accessible database, or making information and content accessible electronically or otherwise. Any trademarks, logos, or other proprietary materials (inclusive of images) on our Properties can’t be used without the explicit written consent from Miami Party Decor.
Intellectual Property:
All visual representations, photographs, illustrations, designs (both product and graphic), logos, audio or video recordings, data, music, icons, text, software, enhancements, modifications, derived works, and the assembly of Miami Party Decor’s Properties – broadly termed “Content” – are under copyright, trademark, service mark, patent, trade dress, and/or other intellectual property rights. Such rights also extend to privacy and publicity rights, all of which are globally recognized and either owned by or licensed to Miami Party Decor. There might be certain Content or materials on the Properties that belong to third-party entities, who have permitted Miami Party Decor to feature their Content or materials, for instance, logos of third-party retailers. By utilizing the Properties, you pledge not to duplicate, distribute, modify, or create derivative works from any Content without obtaining prior written consent from its rightful owner. None of the provisions in these Terms implicitly grants you any rights, titles, or interest in any copyright, trademark, or other proprietary rights that belong to Miami Party Decor or its licensors. Explicitly, all intellectual property rights in the Content, whether recognized within the United States or internationally, are expressly reserved by Miami Party Decor and its providers and licensors.
User-Generated Content on Miami Party Decor Properties
Whenever you share, display, upload, or otherwise offer any comment, message, feedback, review, idea, image, or any other content to or via the Properties (“User-Generated Content”), you:
(A) Confirm, and assert that you possess the authority to grant, to Miami Party Decor an unrestricted, royalty-free, perpetual, global, transferable, irrevocable, and fully sublicenseable permission to utilize, adapt, modify, share, publish, and publicly display the User-Generated Content worldwide for any intention, including advertising or promotions;
(B) Allow Miami Party Decor and its partners the permission to use any personal attributes, like your name or social media handle, linked to the User-Generated Content across all possible media platforms;
(C) Declare and guarantee that:
(i) You exclusively hold all rights to the User-Generated Content or have the legal right to offer such content according to these Terms;
(ii) The content is truthful, non-deceptive, and not illegal;
(iii) Sharing such User-Generated Content aligns with these Terms and doesn’t infringe upon any third party’s rights, such as copyrights, trademarks, or personal rights;
(D) Acknowledge that Miami Party Decor isn’t obligated to pay you for the use or to attribute the User-Generated Content to you.
All User-Generated Content submitted is not considered confidential. Miami Party Decor has no obligation to treat it as proprietary information. Once content is submitted, Miami Party Decor isn’t obligated to seek your further permission for its use or to compensate you. Miami Party Decor retains the right to decide how to use the content, which includes editing, deleting, or refusing to post it.
If it’s determined that you still have moral rights in your content, by sharing it, you:
(A) Don’t demand any personal data to be linked to the content or any derived versions;
(B) Don’t oppose Miami Party Decor’s use or modification of the content;
(C) Forgo any authorship rights in the content;
(D) Exonerate Miami Party Decor from any claims related to moral rights.
Furthermore, you release Miami Party Decor from any claims like defamation, privacy invasion, or name exploitation. Crucially, you alone bear responsibility for any content you post and its consequences.
Miami Party Decor does not entertain any unsolicited suggestions or ideas about our operations or products/services. However, if you still choose to share an unsolicited idea, you acknowledge it isn’t in confidence and Miami Party Decor assumes no responsibility. Miami Party Decor will exclusively own all rights to such ideas. If any assignment is unenforceable, you grant Miami Party Decor a perpetual, global license to utilize the idea without any compensation to you.
Copyright Infringement Notice for Miami Party Decor Properties
While Miami Party Decor permits content to be uploaded to its Properties, including by third parties, we do not actively monitor or review all materials for possible violations. However, we are committed to respecting and protecting the intellectual property rights of others. We will not knowingly allow content on our Properties that infringes another party’s copyright.
If you suspect any material on the Properties violates your copyright, please provide a detailed notice with the following information:
(i) The signature (physical or electronic) of the individual or entity that holds the rights to the copyrighted work in question.
(ii) A description or list of the copyrighted work(s) that you claim have been infringed, particularly if multiple works from a single website are in question.
(iii) Specific details about the allegedly infringing material, including where it can be found on our Properties.
(iv) Your contact details, including your address, telephone number, and email (if available), so we can get in touch with you.
(v) A statement from you, made in good faith, that the use of the content in the manner identified is not authorized by the copyright owner, its representative, or by law.
(vi) A sworn statement, under penalty of perjury, affirming that the information in your notice is accurate and that you are either the copyright owner or are authorized to act on their behalf.
To report suspected copyright infringement, please reach out to our dedicated representative at:
admin@miamipartydecor.com
Miami Party Decor is committed to severing ties with any third-party contributors or content providers who are repeat copyright infringers. We appreciate your assistance in identifying and addressing potential copyright issues.
Usage Restrictions for Miami Party Decor Properties
As a user of Miami Party Decor’s Properties, you are obliged to refrain from:
· Using, duplicating, copying, selling, or otherwise capitalizing on any segment of our Properties for any purposes.
· Removing or trying to eliminate any indications of copyright, trademark, or other proprietary rights from our Properties.
· Employing the intellectual property or any exclusive details on our Properties in relation to any other product or service in a way that may mislead users.
· Utilizing the intellectual property on our Properties to belittle or degrade its proprietor.
· Engaging in any activity using our Properties that invades privacy, threatens, harasses, or abuses others.
· Deploying any software, tools, or devices (like spiders, robots, or avatars) other than those provided by Miami Party Decor or standard web browsers to explore or navigate our Properties.
· Incorporating any segment of our Properties into another website without prior written approval from Miami Party Decor.
· Creating user profiles by deceptive or automated means.
· Breaching the security or unlawfully accessing any computer, network, or system through our Properties.
· Inserting any hidden content or meta tags employing Miami Party Decor’s name or trademarks.
· Sending unauthorized emails representing Miami Party Decor, especially for promotions or advertisements.
· Gaining unauthorized access to encrypted codes or passwords through our Properties.
· Deploying any software, device, or routine that disrupts the functionality of our Properties.
· Reconstructing, translating, reverse engineering, or trying to decipher any part of our Properties.
· Employing our Properties in ways that contradict any local, state, federal, or global laws.
Ordering and Payment Guidelines for Miami Party Decor
An acknowledgment of your order from Miami Party Decor signifies the receipt of your order request, not its approval, shipment, or confirmation of item price and availability.
It is your responsibility to oversee all orders and actions carried out under your account. Only major credit cards will be accepted for payments. Miami Party Decor retains the right to decline transactions made using debit cards, gift cards, or other similar payment methods.
Product Details and Availability for Miami Party Decor
At Miami Party Deor, we are committed to presenting accurate and timely data. We offer unique event planning guides, recipes, and various content via our digital platforms. Featuring any products or services on our platform doesn’t guarantee their availability nor confirm that the provided details are wholly accurate. We are continuously working on enhancing our offerings, which means we might update, replace, or cease certain items without prior announcement. In cases where an ordered product is not available, Miami Party Decor won’t be held responsible. We might replace an unavailable item with another of equal or higher value or even opt to cancel the order altogether.
Mistakes and Adjustments
We strive to ensure the accuracy of every piece of information provided through our platforms and catalogues. However, occasional errors might crop up. Some products or services on our platform may be mispriced, described in error, or not available. We do not assume responsibility for any mistakes, misspellings, or inaccuracies on our platform.
Additionally, due to various external factors like your screen settings, we can’t promise that the product colors displayed on your device will match the actual product exactly.
Miami Party Decor has the autonomy to rectify, change, or update details at any given time without providing prior notice. This could also involve revising your order if need be (like adjusting the product price) or choosing to cancel your order. We regret any inconvenience this might cause and thank you for your understanding.
Pricing Details
When you place an order with Miami Party Decor, you’ll be charged based on the prevailing prices on the day your order is received. You consent to pay Miami Party Decor for all expenses at the set prices for any products and/or services purchased by you or others using your account. Payments are accepted in USD. Prices listed do not factor in sales tax, which will be added if applicable. While we aim for accuracy, in the event of any pricing errors, Miami Party Decor retains the right to make corrections even post payment requests. We are not liable for any profit or commission losses stemming from unforeseen price alterations.
Returns
At Miami Party Decor, we pride ourselves on delivering exceptional event decoration services. If you believe the service provided does not match the agreed-upon description, please note that we cannot offer monetary returns once the decoration setup has been installed. We’re committed to ensuring our customers’ satisfaction, so please get in touch with us to discuss any concerns or feedback you may have.
Special Offers
Occasionally, Miami Party Decor presents exclusive discounts, coupon codes, or special promotions that can be redeemed on our platforms. These offers might have a limited duration and come with distinct rules or eligibility criteria. It’s your duty to ascertain if you qualify. We cannot vouch for the authenticity of promotional deals found on external sites not affiliated with us.
Shipment & Loss Liability
When you place an order through our platforms, please note that we handle the deliveries personally. This means the title and risk of loss for the products transfer to you once they are delivered to your specified location. If any damage or loss occurs after delivery, Miami Party Decor is not liable.
Adherence to Legal Regulations
You are obliged to understand and comply with all pertinent local, state, federal, and global regulations, inclusive of age constraints, concerning the purchase, possession, and utilization of any product procured from our platforms. By finalizing your purchase, you affirm that the ordered items will be employed in a lawful fashion.
Third-Party Links on Miami Party Decor
Miami Party Decor’s website and platforms may incorporate links to external websites operated by third parties. These links can be presented as banners, ads, text links, or other formats. Please note that Miami Party Decor doesn’t have authority over these third-party websites, each having its distinct privacy policies and terms separate from ours. When accessing these external sites through Miami Party Decor’s platforms, you’re doing so based on your discretion.
Occasionally, there might be situations where a link from another website leads you to Miami Party Decor’s platform. We do not vouch for or guarantee the validity of the content on these other sites. As such, we can’t be held responsible for any harm or issues arising from content on these external sites. We strongly advise you to review the terms and policies of any third-party site you visit.
Transactions involving third-party merchandise or services, including aspects like purchase terms, payment conditions, warranties, guarantees, and delivery, are exclusively agreements between the third-party and you. In case of any issues with the products or services you’ve acquired from a third party, you commit to dealing directly with that third party. However, Miami Party Decor’s rights and limitations of liability still stand. We might not possess the means to process returns or refund the purchase amount for any transaction conducted with a third party via our platforms.
ANY WARRANTY OFFERED IN RELATION TO PRODUCTS, SERVICES, OR MATERIALS FROM A THIRD PARTY ON OR VIA MIAMI PARTY DECOR’S PLATFORMS IS SOLELY THAT THIRD PARTY’S RESPONSIBILITY AND NOT MIAMI PARTY DECOR’S.
Disclaimer of Warranties for Miami Party Decor
Each section of these terms that dictates a limitation of liability, disclaims warranties, or excludes damages is set to distribute the risks under the agreement between you and Miami Party Decor. This distribution is fundamental to our mutual understanding.
Your interaction and use of our platforms, and any information, products, and/or services associated with Miami Party Decor is wholly at your discretion. To the utmost extent permissible by law, all such elements are offered “as is,” “when available,” and “with all possible flaws.” Miami Party Decor, to the full extent permitted by law, neither makes nor implies any kind of warranties, express or otherwise, related to the accessibility, functionality, and/or use of our platforms. This encompasses all the content, products, and/or services contained within or described on our platforms.
Miami Party Decor doesn’t claim or guarantee that the content and information accessible through our platforms are up-to-date, comprehensive, or without errors. We are not accountable for any inaccuracies or oversights therein or any negative outcomes stemming from using, the inability to use, or dependence on any part of our platforms. We don’t assure that our platforms will always be available, uninterrupted, secure, or devoid of errors, viruses, or other potentially harmful elements.
Furthermore, Miami Party Decor does not represent or guarantee the accuracy or completeness of any nutrition, ingredient, allergen, or other product details on our platforms. Such information is typically given by the product makers or suppliers. Manufacturers might occasionally alter their products and update their labels. It’s advisable not to solely rely on the data displayed on our platforms. If you have specific queries or dietary concerns about a product, it’s best to review the product’s label or directly engage with the manufacturer.
Unless explicitly mentioned and to the broadest degree allowed by applicable law, nothing on Miami Party Decor’s platforms is intended to create any warranty.
Limitation of Liability for Miami Party Decor
IN NO CIRCUMSTANCE SHALL MIAMI PARTY DECOR OR ITS RESPECTIVE AFFILIATES, OR THE SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES OF THE AFOREMENTIONED, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY KIND OF DAMAGES (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LEGAL FEES, OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA) RESULTING FROM OR RELATED TO THE USE, ACCESS, RELIANCE ON, UNAVAILABILITY OF, INABILITY TO USE, OR MISUSE OF MIAMI PARTY DECOR’S PLATFORMS, INCLUDING ANY INFORMATION, PRODUCTS, AND/OR SERVICES OR THE EXPOSURE OR MISUSE OF ANY OF YOUR PERSONAL DETAILS. THIS LIMITATION APPLIES EVEN IF WE HAVE BEEN NOTIFIED OR SHOULD HAVE BEEN AWARE OF SUCH POTENTIAL DAMAGES, IRRESPECTIVE OF THE NATURE OF THE CLAIM, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTY, PRODUCT LIABILITY, OR OTHERWISE.
IF YOU’RE NOT SATISFIED WITH OUR PLATFORMS, ANY CONTENT THEREIN, OR THESE TERMS, YOUR SOLE REMEDY IS TO STOP USING OUR PLATFORMS. THIS LIMITATION STANDS EVEN IF A PREDETERMINED REMEDY FALLS SHORT OF ITS ESSENTIAL PURPOSE.
SHOULD ANY SEGMENT OF THESE LIABILITY LIMITATIONS BE DEEMED INVALID OR NON-ENFORCEABLE FOR ANY REASON, OR IF MIAMI PARTY DECOR IS OTHERWISE FOUND LIABLE TO YOU IN ANY WAY, THEN OUR TOTAL LIABILITY FOR ALL CLAIMS UNDER SUCH CONDITIONS SHALL NOT EXCEED THE AMOUNT YOU’VE PAID FOR PURCHASES ON OUR PLATFORMS.
Miami Party Decor shall not be held accountable for non-performance due to reasons or events beyond its reasonable control, including but not limited to strikes, labor disputes (whether involving our workforce or a third party’s), shortages of raw materials, essential components, or utilities.
IF YOU ARE A RESIDENT OF CALIFORNIA, YOU FORGO CALIFORNIA CIVIL CODE SECTION 1542, WHICH PARTLY STATES: “A GENERAL RELEASE DOES NOT INCLUDE CLAIMS THAT THE CREDITOR DOESN’T KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF SIGNING THE RELEASE, WHICH, IF KNOWN, WOULD’VE SIGNIFICANTLY IMPACTED HIS SETTLEMENT WITH THE DEBTOR.”
Exclusions for Miami Party Decor
Certain jurisdictions might not accept the exclusion of specific warranties or the limitation or exclusion of liability for incidental or consequential damages. Consequently, some of the aforementioned limitations might not be applicable to you.
Governing Law
Miami Party Decor is headquartered in Miami, Florida. These Terms are shaped by and construed according to the laws of the State of Florida, disregarding any conflict of law principles. Any action or proceeding stemming from or related to these Terms should be taken to the state or federal courts of Florida. By this, you grant exclusive personal jurisdiction to these courts and relinquish any objections on the grounds of inconvenient forum.
Class Action Waiver
YOU AGREE THAT, AS ALLOWED BY RELEVANT LAW, ANY DISPUTES, CLAIMS, OR CAUSES OF ACTION ARISING FROM OR IN CONNECTION WITH OUR PLATFORMS AND THESE TERMS WILL BE RESOLVED INDIVIDUALLY, AVOIDING ANY CLASS OR REPRESENTATIVE PROCEEDING IN THE STIPULATED FORUM WITHOUT TURNING TO ANY FORM OF CLASS ACTION.
TIME FRAME: YOU MUST INITIATE ANY CLAIM WITHIN ONE (1) WEEK FROM THE DATE OF THE CLAIM.
Miscellaneous
Your use of Miami Party Decor’s Platforms indicates your acceptance of these Terms, representing the complete agreement between you and Miami Party Decor. If the Miami Party Decor Platforms are discontinued, the provisions of these Terms will persist. No practice or behavior will amend these Terms. If any provision of these Terms is found conflicting with applicable laws or deemed unenforceable, it will be adjusted to reflect Miami Party Decor’s original intent, with the remainder of the Terms staying intact. No delay or lack of action in enforcing any right or remedy under these Terms implies a waiver. You cannot transfer, assign, or sublicense your rights or duties under these Terms without explicit written consent from Miami Party Decor. However, Miami Party Decor may transfer, assign, or sublicense its rights or obligations without needing your consent. The headings in these Terms are purely for convenience and carry no contractual or legal significance.
Modification and Termination
Miami Party Decor retains the right to modify our Platforms, policies, and these Terms as it sees fit. Updated Terms will be showcased on our Platforms and will be effective immediately. Please revisit and review the Terms periodically for any changes. Your ongoing use of the Platforms after modifications signifies your agreement with the revised Terms.