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2 Wisconsin Circle, Suite 700
Chevy Chase, MD 20815
This policy is effective as of January 15, 2015.
Agreement between user and www.simplygenie.com
Welcome to www.simplygenie.com. The www.simplygenie.com website (the "Site") is comprised of various web pages operated by Simply Genie LLC ("SimplyGenie"). www.simplygenie.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.simplygenie.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.simplygenie.com is an E-commerce Site
SimplyGenie provides Party Planning Services and Party Supplies.
User agrees that texts in personalized products will be printed EXACTLY as spelled by user. SimplyGenie is not responsible or liable for any spelling mistakes in texts provided by user.
Visiting www.simplygenie.com or sending emails to SimplyGenie constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that SimplyGenie is not responsible for third party access to your account that results from theft or misappropriation of your account. SimplyGenie and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
SimplyGenie reserves the right, but does not assume the responsibility, to monitor or review your conduct on SimplyGenie. Your use of SimplyGenie is subject to all applicable local, state, national and international laws and regulations. SimplyGenie is inteded for user age 14 and up.
No Unlawful Use
As a condition to use the SimplyGenie Web Site, you guarantee that you will not use SimplyGenie for any purpose that is unlawful, or prohibited by these terms and conditions. You may not use SimplyGenie in any manner which could damage, disable, overburden, or interfere with SimplyGenie LLC.
In using SimplyGenie you agree not to:
Post, transmit, or make available, through or in connection with SimplyGenie:
Anything that is or may be (a) unlawful, threatening, harassing, degrading, abusive, or hateful (b) defamatory or invasive of another's privacy; (c) fraudulent (d) vulgar, indecent, sexually explicit, or pornographic (e) protected by copyright, trademark, or other proprietary right without the express prior consent of the owner of such right.
Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense, including prostitution
Any virus, worm, Trojan Horse, spyware, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
Any unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," or any other form of solicitation, or use any distribution lists including any person who has not given specific permission to be included in such a process.
Any Materials that you do not have a right to transmit under any law or under contractual or fiduciary relationships.
Impersonate any person or entity, including without limitation any of our officials, contractors or employees; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement you make.
Interfere with or disrupt the operation of SimplyGenie or the servers or networks used to make SimplyGenie available; or violate any requirements, procedures, policies or regulations of such networks.
Use SimplyGenie to distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services; or use SimplyGenie in a commercial manner.
Attempt to gain unauthorized access to SimplyGenie, other accounts, computer systems or networks connected to SimplyGenie, through password mining or any other means.
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather Content or Materials from SimplyGenie.
Engage in any other conduct which, in SimplyGenie's sole discretion, is considered inappropriate, unauthorized or objectionable.
Processing Times and Delivery Time
You will receive your order within 4-9 business days from the date of your purchase. For personalized orders, you have one day to inform us of any changes before printing. If you need a rush order please contact us at email@example.com.
We will accept returns within 30 days from the date you received your purchase. Refunds are for the cost of the merchandise only. All returns will be credited to the original form of payment. In order to get a refund all merchandise must be returned and received by SimplyGenie in new condition, unopened, unworn and in original packaging. Retain tracking numbers of returned packages. Personalized orders can not be cancelled or refunded. Standard orders can be cancelled only before they are shipped. Once a standard order has been shipped it can be returned by the buyer for a refund.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of SimplyGenie or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. SimplyGenie content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of SimplyGenie and the copyright owner. You agree that you do not acquire an ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of SimplyGenie or our licensors except as expressly authorized by these Terms.
You agree not use any feature of SimplyGenie for chain letters, junk mail, or "Spamming" nor make any use of the distribution lists in a manner involving any person who has not given specific permission to be included in such a process. An e-mail advertisement which is (a) addressed to a recipient with whom you do not have an existing business or personal relationship and (b) is not sent at the request of or with the consent of the recipient to receive such communications from you ("Spam" or "Spamming") is strictly prohibited by SimplyGenie. If you use any feature of SimplyGenie for the purpose of sending Spam, your right to use SimplyGenie immediately terminates and SimplyGenie reserves the right to seek appropriate legal recourse, as necessary. You agree that SimplyGenie may, at its sole discretion, immediately remove any communications that it reasonably believes constitutes "Spamming," including removal of any contact information related thereto. If you believe that other users are using SimplyGenie for Spam, please notify SimplyGenie using the Feedback/Support link at the bottom of our page, or by emailing SimplyGenie at firstname.lastname@example.org. Please note that by posting a public event you are consenting to receive, and authorizing SimplyGenie to forward to you, emails from other users. Such messages are not included in the above definition of Spam.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
SimplyGenie has no obligation to monitor the Communication Services. However, SimplyGenie reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. SimplyGenie reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
SimplyGenie reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in SimplyGenie's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. SimplyGenie does not control or endorse the content, messages or information found in any Communication Service and, therefore, SimplyGenie specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized SimplyGenie spokespersons, and their views do not necessarily reflect those of SimplyGenie.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
The Service is controlled, operated and administered by SimplyGenie from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the SimplyGenie Content accessed through www.simplygenie.com in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless SimplyGenie, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. SimplyGenie reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with SimplyGenie in asserting any available defenses.
The information, software, products, and services included in or available through the site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Simply Genie LLC and/or its suppliers may make improvements and/or changes in the site at any time.
SimplyGenie LLC and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. SimplyGenie LLC and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
SimplyGenie reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Maryland and you hereby consent to the exclusive jurisdiction and venue of courts in Maryland in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and SimplyGenie as a result of this agreement or use of the Site. SimplyGenie's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of SimplyGenie's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by SimplyGenie with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and SimplyGenie with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and SimplyGenie with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
SimplyGenie reserves the right, in its sole discretion, to change the Terms under which www.simplygenie.com is offered. The most current version of the Terms will supersede all previous versions. SimplyGenie encourages you to periodically review the Terms to stay informed of our updates.
SimplyGenie welcomes your questions or comments:
2 Wisconsin Circle Suite 700
Chevy Chase, Maryland 20815
Effective as of November 15, 2013