Terms and agreements

TERMS AND CONDITIONS


Last updated 1 - 11 - 2023


AGREEMENT TO OUR LEGAL TERMS


We are Click & Celebrate, doing business as CNC ('Company', 'we', 'us', or 'our').

Dutch chambre of commerce number (KVK): 91719909



We operate the website https://clickcelebrate.com/  (the 'Site'), the instagram page https://www.instagram.com/clickncelebrate/ 

(the 'Instagram’), as well as any other related products and services that refer or link to

these legal terms (the 'Legal Terms') (collectively, the 'Services').

You can contact us by phone at +31612149393, email at

clickandcelebrate@gmail.com or instagram at @CLICKNCELEBRATE


These Legal Terms constitute a legally binding agreement made between you,

whether personally or on behalf of an entity ('you'), and Click & Celebrate,

concerning your access to and use of the Services. You agree that by accessing the

Services, you have read, understood, and agreed to be bound by all of these Legal

Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU

ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST

DISCONTINUE USE IMMEDIATELY.


We will provide you with prior notice of any scheduled changes to the Services you

are using. The modified Legal Terms will become effective upon posting or notifying

you by clickandcelebrate@gmail.com, as stated in the email message. By continuing

to use the Services after the effective date of any changes, you agree to be bound by

the modified terms.


The Services are intended for users who are at least 18 years old. Persons under the

age of 18 are not permitted to use or register for the Services.

We recommend that you print a copy of these Legal Terms for your records.


TABLE OF CONTENTS

  1. OUR SERVICES
  2. INTELLECTUAL PROPERTY RIGHTS
  3. USER REPRESENTATIONS
  4. PRODUCTS
  5. PURCHASES AND PAYMENT
  6. DELIVERY TIME FRAME AND REFUND POLICY
  7. PROHIBITED ACTIVITIES
  8. USER GENERATED CONTRIBUTIONS
  9. CONTRIBUTION LICENCE
  10. GUIDELINES FOR REVIEWS
  11. THIRD-PARTY WEBSITES AND CONTENT
  12. ADVERTISERS
  13. SERVICES MANAGEMENT
  14. PRIVACY POLICY
  15. COPYRIGHT INFRINGEMENTS
  16. TERM AND TERMINATION
  17. MODIFICATIONS AND INTERRUPTIONS
  18. GOVERNING LAW
  19. DISPUTE RESOLUTION
  20. CORRECTIONS
  21. DISCLAIMER
  22. LIMITATIONS OF LIABILITY
  23. INDEMNIFICATION
  24. USER DATA
  25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
  26. CALIFORNIA USERS AND RESIDENTS
  27. INFORMATION PROVIDED FOR VIDEO MESSAGES
  28. AGE REQUIREMENT FOR RECIPIENTS OF VIDEO MESSAGES
  29. CANCELLATION OF VIDEO MESSAGES
  30. ORDER FORM SUBMISSION REQUIREMENT
  31. CONTACT US
  32. OUR SERVICES

The information provided when using the Services is not intended for distribution to

or use by any person or entity in any jurisdiction or country where such distribution or

use would be contrary to law or regulation or which would subject us to any

registration requirement within such jurisdiction or country. Accordingly, those

persons who choose to access the Services from other locations do so on their own

initiative and are solely responsible for compliance with local laws, if and to the extent

local laws are applicable.


The Services are not tailored to comply with industry-specific regulations (Health

Insurance Portability and Accountability Act (HIPAA), Federal Information Security

Management Act (FISMA), etc.), so if your interactions would be subjected to such

laws, you may not use the Services. You may not use the Services in a way that

would violate the Gramm-Leach-Bliley Act (GLBA).


  1. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services,

including all source code, databases, functionality, software, website designs, audio,

video, text, photographs, and graphics in the Services (collectively, the 'Content'), as

well as the trademarks, service marks, and logos contained therein (the 'Marks').


Our Content and Marks are protected by copyright and trademark laws (and various

other intellectual property rights and unfair competition laws) and treaties in the

United States and around the world.


The Content and Marks are provided in or through the Services 'AS IS' for your personal, non-commercial use only.


Your use of our Services

Subject to your compliance with these Legal Terms, including the 'PROHIBITED

ACTIVITIES' section below, we grant you a non-exclusive, non-transferable,

revocable licence to:

  • access the Services; and
  • download or print a copy of any portion of the Content to which you haveproperly gained access.

solely for your personal, non-commercial use.


Except as set out in this section or elsewhere in our Legal Terms, no part of the

Services and no Content or Marks may be copied, reproduced, aggregated,

republished, uploaded, posted, publicly displayed, encoded, translated, transmitted,

distributed, sold, licensed, or otherwise exploited for any commercial purpose

whatsoever, without our express prior written permission.


If you wish to make any use of the Services, Content, or Marks other than as set out

in this section or elsewhere in our Legal Terms, please address your request to:

clickandcelebrate@gmail.com. If we ever grant you the permission to post,

reproduce, or publicly display any part of our Services or Content, you must identify

us as the owners or licensors of the Services, Content, or Marks and ensure that any

copyright or proprietary notice appears or is visible on posting, reproducing, or

displaying our Content.


We reserve all rights not expressly granted to you in and to the Services, Content,

and Marks.


Any breach of these Intellectual Property Rights will constitute a material breach of

our Legal Terms and your right to use our Services will terminate immediately.


Your submissions and contributions

Please review this section and the 'PROHIBITED ACTIVITIES' section carefully prior

to using our Services to understand the (a) rights you give us and (b) obligations you

have when you post or upload any content through the Services.


Submissions: By directly sending us any question, comment, suggestion, idea,

feedback, or other information about the Services ('Submissions'), you agree to

assign to us all intellectual property rights in such Submission. You agree that we

shall own this Submission and be entitled to its unrestricted use and dissemination

for any lawful purpose, commercial or otherwise, without acknowledgment or

compensation to you.


Contributions: The Services may invite you to chat, contribute to, or participate in

blogs, message boards, online forums, and other functionality during which you may

create, submit, post, display, transmit, publish, distribute, or broadcast content and

materials to us or through the Services, including but not limited to text, writings,

video, audio, photographs, music, graphics, comments, reviews, rating suggestions,

personal information, or other material ('Contributions'). Any Submission that is

publicly posted shall also be treated as a Contribution.


You understand that Contributions may be viewable by other users of the Services

and possibly through third-party websites.


When you post Contributions, you grant us a licence (including use of your

name, trademarks, and logos):

 By posting any Contributions, you grant us an

unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royaltyfree, fully-paid, worldwide right, and licence to: use, copy, reproduce, distribute, sell,

resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat,

translate, excerpt (in whole or in part), and exploit your Contributions (including,

without limitation, your image, name, and voice) for any purpose, commercial,

advertising, or otherwise, to prepare derivative works of, or incorporate into other

works, your Contributions, and to sublicence the licences granted in this section. Our

use and distribution may occur in any media formats and through any media

channels.


This licence includes our use of your name, company name, and franchise name, as

applicable, and any of the trademarks, service marks, trade names, logos, and

personal and commercial images you provide.


You are responsible for what you post or upload: By sending us Submissions

and/or posting Contributions through any part of the Services or making

Contributions accessible through the Services by linking your account through the

Services to any of your social networking accounts, you:

  • confirm that you have read and agree with our 'PROHIBITED ACTIVITIES' and

will not post, send, publish, upload, or transmit through the Services any

Submission nor post any Contribution that is illegal, harassing, hateful,

harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to

any person or group, sexually explicit, false, inaccurate, deceitful, or

misleading;

  • to the extent permissible by applicable law, waive any and all moral rights to

any such Submission and/or Contribution;

  • warrant that any such Submission and/or Contributions are original to you or

that you have the necessary rights and licences to submit such Submissions

and/or Contributions and that you have full authority to grant us the abovementioned rights in relation to your Submissions and/or Contributions; and

warrant and represent that your Submissions and/or Contributions do not

constitute confidential information.


You are solely responsible for your Submissions and/or Contributions and you

expressly agree to reimburse us for any and all losses that we may suffer because of

your breach of (a) this section, (b) any third party’s intellectual property rights, or (c)

applicable law.


We may remove or edit your Content: Although we have no obligation to monitor

any Contributions, we shall have the right to remove or edit any Contributions at any

time without notice if in our reasonable opinion we consider such Contributions

harmful or in breach of these Legal Terms. If we remove or edit any such

Contributions, we may also suspend or disable your account and report you to the

authorities.


Copyright infringement

We respect the intellectual property rights of others. If you believe that any material

available on or through the Services infringes upon any copyright you own or control,

please immediately refer to the 'COPYRIGHT INFRINGEMENTS' section below.

  1. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) you have the legal

capacity and you agree to comply with these Legal Terms; (2) you are not a minor in

the jurisdiction in which you reside; (3) you will not access the Services through

automated or non-human means, whether through a bot, script or otherwise; (4) you

will not use the Services for any illegal or unauthorised purpose; and (5) your use of

the Services will not violate any applicable law or regulation.


If you provide any information that is untrue, inaccurate, not current, or incomplete,

we have the right to suspend or terminate your account and refuse any and all

current or future use of the Services (or any portion thereof).


  1. PRODUCTS

All products are subject to availability. We reserve the right to discontinue any

products at any time for any reason. Prices for all products are subject to change.


  1. PURCHASES AND PAYMENT

We accept the following forms of payment:

  • PayPal

You agree to provide current, complete, and accurate purchase and account

information for all purchases made via the Services. You further agree to promptly

update account and payment information, including email address, payment method,

and payment card expiration date, so that we can complete your transactions and

contact you as needed. Sales tax will be added to the price of purchases as deemed

required by us. We may change prices at any time. All payments shall be in US

dollars.


You agree to pay all charges at the prices then in effect for your purchases and any

applicable shipping fees, and you authorise us to charge your chosen payment

provider for any such amounts upon placing your order. We reserve the right to

correct any errors or mistakes in pricing, even if we have already requested or

received payment.


We reserve the right to refuse any order placed through the Services. We may, in our

sole discretion, limit or cancel quantities purchased per person, per household, or per

order. These restrictions may include orders placed by or under the same customer

account, the same payment method, and/or orders that use the same billing or

shipping address. We reserve the right to limit or prohibit orders that, in our sole

judgement, appear to be placed by dealers, resellers, or distributors.









  1. DELIVERY TIME FRAME AND REFUND POLICY

We commit to delivering your video message within a reasonable time frame, typically within 3 to 5 business days (Monday through Friday with exclusion of national Dutch holidays), from the date of your order. We understand the importance of timely delivery for your special occasions and celebrations.


If, for any reason, your video message is not delivered within the specified time frame, you are entitled to a total refund of the amount paid for the order. We take our commitment to timely delivery seriously, and any delay beyond the stated period is our responsibility, not yours.


To request a refund in such cases, please contact our customer support team as soon as you become aware of the delay. We will promptly initiate the refund process to ensure you receive your money back without undue delay.


Please note that this refund policy is in place to guarantee our commitment to timely delivery and to provide you with peace of mind when ordering our services.



  1. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we

make the Services available. The Services may not be used in connection with any

commercial endeavours except those that are specifically endorsed or approved by

us.

As a user of the Services, you agree not to:

  • Systematically retrieve data or other content from the Services to create or

compile, directly or indirectly, a collection, compilation, database, or directory

without written permission from us.

  • Trick, defraud, or mislead us and other users, especially in any attempt to learn

sensitive account information such as user passwords.

  • Circumvent, disable, or otherwise interfere with security-related features of the

Services, including features that prevent or restrict the use or copying of any

Content or enforce limitations on the use of the Services and/or the Content

contained therein.

  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
  • Use any information obtained from the Services in order to harass, abuse, or

harm another person.

  • Make improper use of our support services or submit false reports of abuse or

misconduct.

  • Use the Services in a manner inconsistent with any applicable laws or

regulations.

Engage in unauthorised framing of or linking to the Services.

  • nUpload or transmit (or attempt to upload or to transmit) viruses, Trojan horses,

or other material, including excessive use of capital letters and spamming

(continuous posting of repetitive text), that interferes with any party’s

uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts,

alters, or interferes with the use, features, functions, operation, or maintenance

of the Services.

  • Engage in any automated use of the system, such as using scripts to send

comments or messages, or using any data mining, robots, or similar data

gathering and extraction tools.

  • Delete the copyright or other proprietary rights notice from any Content.
  • Attempt to impersonate another user or person or use the username of

another user.

  • Upload or transmit (or attempt to upload or to transmit) any material that acts

as a passive or active information collection or transmission mechanism,

including without limitation, clear graphics interchange formats ('gifs'), 1×1

pixels, web bugs, cookies, or other similar devices (sometimes referred to as

'spyware' or 'passive collection mechanisms' or 'pcms').

  • Interfere with, disrupt, or create an undue burden on the Services or the

networks or services connected to the Services.

  • Harass, annoy, intimidate, or threaten any of our employees or agents

engaged in providing any portion of the Services to you.

  • Attempt to bypass any measures of the Services designed to prevent or

restrict access to the Services, or any portion of the Services.


  • Copy or adapt the Services' software, including but not limited to Flash, PHP,

HTML, JavaScript, or other code.

  • Except as permitted by applicable law, decipher, decompile, disassemble, or

reverse engineer any of the software comprising or in any way making up a

part of the Services.

Except as may be the result of standard search engine or Internet browser

usage, use, launch, develop, or distribute any automated system, including

without limitation, any spider, robot, cheat utility, scraper, or offline reader that

accesses the Services, or use or launch any unauthorised script or other

software.

  • Use a buying agent or purchasing agent to make purchases on the Services.

Make any unauthorised use of the Services, including collecting usernames

and/or email addresses of users by electronic or other means for the purpose

of sending unsolicited email, or creating user accounts by automated means or

under false pretences.

Use the Services as part of any effort to compete with us or otherwise use the

Services and/or the Content for any revenue-generating endeavour or

commercial enterprise.

  • Ask for nude, racist, discriminating or other severe unethical content











  1. USER GENERATED CONTRIBUTIONS

The Services may invite you to chat, contribute to, or participate in blogs, message

boards, online forums, and other functionality, and may provide you with the

opportunity to create, submit, post, display, transmit, perform, publish, distribute, or

broadcast content and materials to us or on the Services, including but not limited to

text, writings, video, audio, photographs, graphics, comments, suggestions, or

personal information or other material (collectively, 'Contributions'). Contributions may

be viewable by other users of the Services and through third-party websites. As such,

any Contributions you transmit may be treated as non-confidential and nonproprietary. When you create or make available any Contributions, you thereby

represent and warrant that:

  • The creation, distribution, transmission, public display, or performance, and the

accessing, downloading, or copying of your Contributions do not and will not

infringe the proprietary rights, including but not limited to the copyright, patent,

trademark, trade secret, or moral rights of any third party.

  • You are the creator and owner of or have the necessary licences, rights,

consents, releases, and permissions to use and to authorise us, the Services,

and other users of the Services to use your Contributions in any manner

contemplated by the Services and these Legal Terms.

  • You have the written consent, release, and/or permission of each and every

identifiable individual person in your Contributions to use the name or likeness

of each and every such identifiable individual person to enable inclusion and

use of your Contributions in any manner contemplated by the Services and

these Legal Terms.

  • Your Contributions are not false, inaccurate, or misleading.


  • Your Contributions are not unsolicited or unauthorised advertising, promotional

materials, pyramid schemes, chain letters, spam, mass mailings, or other

forms of solicitation.

  • Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing,

libellous, slanderous, or otherwise objectionable (as determined by us).

Your Contributions do not ridicule, mock, disparage, intimidate, or abuse

anyone.

  • Your Contributions are not used to harass or threaten (in the legal sense of

those terms) any other person and to promote violence against a specific

person or class of people.

  • Your Contributions do not violate any applicable law, regulation, or rule.
  • Your Contributions do not violate the privacy or publicity rights of any third

party.

  • Your Contributions do not violate any applicable law concerning child

pornography, or otherwise intended to protect the health or well-being of

minors.

  • Your Contributions do not include any offensive comments that are connected

to race, national origin, gender, sexual preference, or physical handicap.

  • Your Contributions do not otherwise violate, or link to material that violates, any

provision of these Legal Terms, or any applicable law or regulation.

Any use of the Services in violation of the foregoing violates these Legal Terms and

may result in, among other things, termination or suspension of your rights to use the

Services.


  1. CONTRIBUTION LICENCE

By posting your Contributions to any part of the Services, you automatically grant,

and you represent and warrant that you have the right to grant, to us an unrestricted,

unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid,

worldwide right, and licence to host, use, copy, reproduce, disclose, sell, resell,

publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display,

reformat, translate, transmit, excerpt (in whole or in part), and distribute such

Contributions (including, without limitation, your image and voice) for any purpose,

commercial, advertising, or otherwise, and to prepare derivative works of, or

incorporate into other works, such Contributions, and grant and authorise

sublicences of the foregoing. The use and distribution may occur in any media

formats and through any media channels.


This licence will apply to any form, media, or technology now known or hereafter

developed, and includes our use of your name, company name, and franchise name,

as applicable, and any of the trademarks, service marks, trade names, logos, and

personal and commercial images you provide. You waive all moral rights in your

Contributions, and you warrant that moral rights have not otherwise been asserted in

your Contributions.


We do not assert any ownership over your Contributions. You retain full ownership of

all of your Contributions and any intellectual property rights or other proprietary rights

associated with your Contributions. We are not liable for any statements or

representations in your Contributions provided by you in any area on the Services.

You are solely responsible for your Contributions to the Services and you expressly

agree to exonerate us from any and all responsibility and to refrain from any legal

action against us regarding your Contributions.


We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise

change any Contributions; (2) to re-categorise any Contributions to place them in

more appropriate locations on the Services; and (3) to pre-screen or delete any

Contributions at any time and for any reason, without notice. We have no obligation

to monitor your Contributions.


  1. GUIDELINES FOR REVIEWS

We may provide you areas on the Services to leave reviews or ratings. When posting

a review, you must comply with the following criteria: (1) you should have firsthand

experience with the person/entity being reviewed; (2) your reviews should not contain

offensive profanity, or abusive, racist, offensive, or hateful language; (3) your reviews

should not contain discriminatory references based on religion, race, gender, national

origin, age, marital status, sexual orientation, or disability; (4) your reviews should not

contain references to illegal activity; (5) you should not be affiliated with competitors if

posting negative reviews; (6) you should not make any conclusions as to the legality

of conduct; (7) you may not post any false or misleading statements; and (8) you may

not organise a campaign encouraging others to post reviews, whether positive or

negative.


We may accept, reject, or remove reviews in our sole discretion. We have absolutely

no obligation to screen reviews or to delete reviews, even if anyone considers

reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not

necessarily represent our opinions or the views of any of our affiliates or partners. We

do not assume liability for any review or for any claims, liabilities, or losses resulting

from any review. By posting a review, you hereby grant to us a perpetual, nonexclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and

licence to reproduce, modify, translate, transmit by any means, display, perform,

and/or distribute all content relating to review.


  1. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain (or you may be sent via the Site or App) links to other

websites ('Third-Party Websites') as well as articles, photographs, text, graphics,

pictures, designs, music, sound, video, information, applications, software, and other

content or items belonging to or originating from third parties ('Third-Party Content').

Such Third-Party Websites and Third-Party Content are not investigated, monitored,

or checked for accuracy, appropriateness, or completeness by us, and we are not

responsible for any Third-Party Websites accessed through the Services or any

Third-Party Content posted on, available through, or installed from the Services,

including the content, accuracy, offensiveness, opinions, reliability, privacy practices,

or other policies of or contained in the Third-Party Websites or the Third-Party

Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party

Websites or any Third-Party Content does not imply approval or endorsement thereof

by us. If you decide to leave the Services and access the Third-Party Websites or to

use or install any Third-Party Content, you do so at your own risk, and you should be

aware these Legal Terms no longer govern. You should review the applicable terms

and policies, including privacy and data gathering practices, of any website to which

you navigate from the Services or relating to any applications you use or install from

the Services. Any purchases you make through Third-Party Websites will be through

other websites and from other companies, and we take no responsibility whatsoever

in relation to such purchases which are exclusively between you and the applicable

third party. You agree and acknowledge that we do not endorse the products or

services offered on Third-Party Websites and you shall hold us blameless from any

harm caused by your purchase of such products or services. Additionally, you shall

hold us blameless from any losses sustained by you or harm caused to you relating

to or resulting in any way from any Third-Party Content or any contact with ThirdParty Websites.


  1. ADVERTISERS

We allow advertisers to display their advertisements and other information in certain

areas of the Services, such as sidebar advertisements or banner advertisements. We

simply provide the space to place such advertisements, and we have no other

relationship with advertisers.


  1. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Services for violations

of these Legal Terms; (2) take appropriate legal action against anyone who, in our

sole discretion, violates the law or these Legal Terms, including without limitation,

reporting such user to law enforcement authorities; (3) in our sole discretion and

without limitation, refuse, restrict access to, limit the availability of, or disable (to the

extent technologically feasible) any of your Contributions or any portion thereof; (4) in

our sole discretion and without limitation, notice, or liability, to remove from the

Services or otherwise disable all files and content that are excessive in size or are in

any way burdensome to our systems; and (5) otherwise manage the Services in a

manner designed to protect our rights and property and to facilitate the proper

functioning of the Services.

  1. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy on our website. By using the Services, you agree to be bound by our Privacy

Policy, which is incorporated into these Legal Terms. Please be advised the Services

are hosted in the Netherlands. If you access the Services from any other region of

the world with laws or other requirements governing personal data collection, use, or

disclosure that differ from applicable laws in the Netherlands, then through your

continued use of the Services, you are transferring your data to the Netherlands, and

you expressly consent to have your data transferred to and processed in the

Netherlands.


  1. COPYRIGHT INFRINGEMENTS

We respect the intellectual property rights of others. If you believe that any material

available on or through the Services infringes upon any copyright you own or control,

please immediately notify us using the contact information provided below (a

'Notification'). A copy of your Notification will be sent to the person who posted or

stored the material addressed in the Notification. Please be advised that pursuant to

applicable law you may be held liable for damages if you make material

misrepresentations in a Notification. Thus, if you are not sure that material located on

or linked to by the Services infringes your copyright, you should consider first

contacting an attorney.


  1. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE

RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE

OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING

BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR

FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY

REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL

TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE

YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE ANY CONTENT

OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN

OUR SOLE DISCRETION.


If we terminate or suspend your account for any reason, you are prohibited from

registering and creating a new account under your name, a fake or borrowed name,

or the name of any third party, even if you may be acting on behalf of the third party.

In addition to terminating or suspending your account, we reserve the right to take

appropriate legal action, including without limitation pursuing civil, criminal, and

injunctive redress.


  1. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any

time or for any reason at our sole discretion without notice. However, we have no

obligation to update any information on our Services. We also reserve the right to

modify or discontinue all or part of the Services without notice at any time. We will not

be liable to you or any third party for any modification, price change, suspension, or

discontinuance of the Services.


We cannot guarantee the Services will be available at all times. We may experience

hardware, software, or other problems or need to perform maintenance related to the

Services, resulting in interruptions, delays, or errors. We reserve the right to change,

revise, update, suspend, discontinue, or otherwise modify the Services at any time or

for any reason without notice to you. You agree that we have no liability whatsoever

for any loss, damage, or inconvenience caused by your inability to access or use the

Services during any downtime or discontinuance of the Services. Nothing in these

Legal Terms will be construed to obligate us to maintain and support the Services or

to supply any corrections, updates, or releases in connection therewith.


  1. GOVERNING LAW

These Legal Terms are governed by and interpreted following the laws of the

Netherlands, and the use of the United Nations Convention of Contracts for the

International Sales of Goods is expressly excluded. If your habitual residence is in

the EU, and you are a consumer, you additionally possess the protection provided to

you by obligatory provisions of the law in your country to residence. Click 'n

Celebrate and yourself both agree to submit to the non-exclusive jurisdiction of the

courts of The Netherlands, which means that you may make a claim to defend your

consumer protection rights in regards to these Legal Terms in the Netherlands , or in

the EU country in which you reside.


  1. DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim

related to these Legal Terms (each a 'Dispute' and collectively, the 'Disputes') brought

by either you or us (individually, a 'Party' and collectively, the 'Parties'), the Parties

agree to first attempt to negotiate any Dispute (except those Disputes expressly

provided below) informally for at least thirty (30) days before initiating arbitration.

Such informal negotiations commence upon written notice from one Party to the

other Party.

Binding Arbitration

Any dispute arising from the relationships between the Parties to these Legal Terms

shall be determined by one arbitrator who will be chosen in accordance with the

Arbitration and Internal Rules of the European Court of Arbitration being part of the

European Centre of Arbitration having its seat in Strasbourg, and which are in force

at the time the application for arbitration is filed, and of which adoption of this clause

constitutes acceptance. The seat of arbitration shall be Venray, Netherlands. The

language of the proceedings shall be English. Applicable rules of substantive law

shall be the law of the Netherlands.


Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the

Parties individually. To the full extent permitted by law, (a) no arbitration shall be

joined with any other proceeding; (b) there is no right or authority for any Dispute to

be arbitrated on a class-action basis or to utilise class action procedures; and (c)

there is no right or authority for any Dispute to be brought in a purported

representative capacity on behalf of the general public or any other persons.


Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions

concerning informal negotiations binding arbitration: (a) any Disputes seeking to

enforce or protect, or concerning the validity of, any of the intellectual property rights

of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy,

invasion of privacy, or unauthorised use; and (c) any claim for injunctive relief. If this

provision is found to be illegal or unenforceable, then neither Party will elect to

arbitrate any Dispute falling within that portion of this provision found to be illegal or

unenforceable and such Dispute shall be decided by a court of competent jurisdiction

within the courts listed for jurisdiction above, and the Parties agree to submit to the

personal jurisdiction of that court.


  1. CORRECTIONS

There may be information on the Services that contains typographical errors,

inaccuracies, or omissions, including descriptions, pricing, availability, and various

other information. We reserve the right to correct any errors, inaccuracies, or

omissions and to change or update the information on the Services at any time,

without prior notice.


  1. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU

AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO

THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES,

EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE

THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT

THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE

CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE

SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR

ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND

MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE

WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE

SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE

SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR

FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR

CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS,

VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO

OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS

OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR

DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY

CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA

THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME

RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR

OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED

WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY

BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN

ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN

YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS

WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM

OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND

EXERCISE CAUTION WHERE APPROPRIATE.


  1. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE

LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,

CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE

DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR

OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE

HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,

OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS

OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE

AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN US STATE LAWS AND

INTERNATIONAL 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 OR

LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL

RIGHTS.








  1. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries,

affiliates, and all of our respective officers, agents, partners, and employees, from

and against any loss, damage, liability, claim, or demand, including reasonable

attorneys’ fees and expenses, made by any third party due to or arising out of: (1)

your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any

breach of your representations and warranties set forth in these Legal Terms; (5) your

violation of the rights of a third party, including but not limited to intellectual property

rights; or (6) any overt harmful act toward any other user of the Services with whom

you connected via the Services. Notwithstanding the foregoing, we reserve the right,

at your expense, to assume the exclusive defence and control of any matter for

which you are required to indemnify us, and you agree to cooperate, at your

expense, with our defence of such claims. We will use reasonable efforts to notify

you of any such claim, action, or proceeding which is subject to this indemnification

upon becoming aware of it.


  1. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of

managing the performance of the Services, as well as data relating to your use of the

Services. Although we perform regular routine backups of data, you are solely

responsible for all data that you transmit or that relates to any activity you have

undertaken using the Services. You agree that we shall have no liability to you for

any loss or corruption of any such data, and you hereby waive any right of action

against us arising from any such loss or corruption of such data.


  1. ELECTRONIC COMMUNICATIONS, TRANSACTIONS,

AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute

electronic communications. You consent to receive electronic communications, and

you agree that all agreements, notices, disclosures, and other communications we

provide to you electronically, via email and on the Services, satisfy any legal

requirement that such communication be in writing. YOU HEREBY AGREE TO THE

USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER

RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND

RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE

SERVICES. You hereby waive any rights or requirements under any statutes,

regulations, rules, ordinances, or other laws in any jurisdiction which require an

original signature or delivery or retention of non-electronic records, or to payments or

the granting of credits by any means other than electronic means.







  1. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services

or in respect to the Services constitute the entire agreement and understanding

between you and us. Our failure to exercise or enforce any right or provision of these

Legal Terms shall not operate as a waiver of such right or provision. These Legal

Terms operate to the fullest extent permissible by law. We may assign any or all of

our rights and obligations to others at any time. We shall not be responsible or liable

for any loss, damage, delay, or failure to act caused by any cause beyond our

reasonable control. If any provision or part of a provision of these Legal Terms is

determined to be unlawful, void, or unenforceable, that provision or part of the

provision is deemed severable from these Legal Terms and does not affect the

validity and enforceability of any remaining provisions. There is no joint venture,

partnership, employment or agency relationship created between you and us as a

result of these Legal Terms or use of the Services. You agree that these Legal Terms

will not be construed against us by virtue of having drafted them. You hereby waive

any and all defences you may have based on the electronic form of these Legal

Terms and the lack of signing by the parties hereto to execute these Legal Terms.


  1. INFORMATION PROVIDED FOR VIDEO MESSAGES

When placing an order for a video message, the customer will be prompted to

complete a questionnaire containing questions related to the intended recipient of the

video message. It is the sole responsibility of the customer to provide accurate and

considerate information in response to these questions to prevent any potential

emotional distress to the intended recipient. Such information may include details

about sensitive subjects, such as the loss of a loved one or other emotionally

charged topics. Additionally, it is the responsibility of the customer to ensure that the

content of the video message does not contain any racist, discriminatory, or

otherwise profoundly unethical material. Our company and the creators of the video

messages (referred to as "we," "us," or "our") explicitly disclaim any liability for the

inclusion of such sensitive or inappropriate content in the video messages and any

resulting emotional harm to the recipient(s). It is incumbent upon the customer to

exercise due care and diligence in providing accurate and sensitive information and

to adhere to ethical guidelines when ordering our video messaging service. We

emphasize that the responsibility for the content and its impact on the recipient rests

solely with the customer. By using our service, you acknowledge and agree to take

full responsibility for the information you provide, ensuring that it complies with our

guidelines and ethical standards to avoid any potential emotional distress to the

recipient.


  1. AGE REQUIREMENT FOR RECIPIENTS OF VIDEO MESSAGES

By using our video messaging service, you acknowledge and agree that the receiving

party (the "Recipient") of any video message sent through our platform must be over

the age of 18. You understand that it is your responsibility to ensure that any

Recipient falls within this age requirement before sending a video message through

our service. Our company and its creators, content providers, and affiliates

(collectively referred to as "we," "us," or "our") shall not be held liable for any

consequences, disputes, or legal issues that may arise due to the failure to comply

with this age requirement. It is your sole responsibility to verify the age of the

Recipient, and you agree to indemnify and hold us harmless from any claims or

actions arising from the use of our service in violation of this age restriction. By using

our service, you further affirm that you will not send video messages to any

individuals under the age of 18, and you understand that any violation of this age

requirement may result in the suspension or termination of your account. We reserve

the right to take appropriate action, including but not limited to the removal of content

and the restriction of access to our service, in cases of non-compliance with this age

requirement. Please be aware that the age requirement is in place to comply with

legal regulations and to ensure the responsible use of our platform. It is your

responsibility to exercise due diligence when sharing video messages and to abide

by this age restriction.

  1. CANCELLATION OF VIDEO MESSAGES

Cancellation of a video message order is only feasible if the selected comedian has not yet recorded the video. Comedians are provided with a maximum time interval of 5 days to record and deliver the video message, and they retain the discretion to choose when within this interval to create the video. This flexibility means that the cancellation period may vary significantly, as comedians may opt to record the video on any day within the allotted timeframe, whether it be on the first or fourth day, or at any point in between.


Due to the variable nature of the recording process, cancellation is a complex and less recommended procedure. If you wish to cancel an order, it is imperative that you promptly inform us as soon as possible. We will make every effort to accommodate your request within the constraints of the recording process. However, please be aware that once the comedian has recorded the video message, cancellation may no longer be possible, and you may be responsible for the associated costs.


We encourage you to reach out to us without delay if you have any concerns or require assistance with order cancellations to ensure the best possible resolution.


  1. ORDER FORM SUBMISSION REQUIREMENT 

When a customer utilizes Click & Celebrate's services via clickcelebrate.com, it is imperative to acknowledge that the delivery of a video message is contingent upon the customer's accurate completion of the order form on our platform, including the act of pressing the "Submit" button.

Failure to submit the order form or submitting it incorrectly absolves Click & Celebrate from the obligation to deliver the video message, even if the customer has made a payment. This requirement stems from the fact that the creators require this information to produce and deliver the video message.

As part of our commitment to providing a smooth and seamless experience, Click & Celebrate will make reasonable efforts to verify the status of the form submission. In instances where the form has not been filled in or has been submitted inaccurately, we will attempt to reach out to the customer to rectify the situation.

Customers are expected to bear the responsibility of ensuring that the order form is accurately and completely filled in to avoid any undue delays in the processing of their order.

We encourage customers to cooperate by promptly completing the order form and submitting it correctly, thereby facilitating a smooth and efficient order fulfillment process.

By placing an order with Click & Celebrate, the customer acknowledges and accepts the terms and conditions outlined in this section, recognizing the importance of timely and accurate submission of the order form for the successful processing and delivery of their order.





  1. CONTACT US

In order to resolve a complaint regarding the Services or to receive further

information regarding use of the Services, please contact us at:


Click & Celebrate

Phone: +31612149393

clickandcelebrate@gmail.com