Welcome to gbcelebration.com (this “Site”), a website operated by
Gracie Barra Celebration. The Site provides visitors and customers with access to
content about our businesses and the products and services we offer. These terms and conditions of use
(these “Terms of Use”) govern your general access to, and use of this Site. If you make a purchase via
the Site, the products and services you buy will be governed by separate legal terms and conditions as
described in greater detail below.
You consent to and agree with these Terms of Use by virtue of accessing and using the Site. We reserve
the right, at our discretion, to change these Terms of Use from time to time. Please check the Site
periodically for such changes. By continuing to access and use this Site following the posting of changes,
you accept and agree to the revised version. This Terms of Use is a legal document, so clarity is
important. We’ll use this section to let you know about some words that have special meanings
whenever you see them here. The words “you” and “your” refer to each individual accessing this Site
whether or not under an Account. The words “Gracie Barra Celebration”, “we”, “us” and
“our” refer to Gracie Barra Celebration, acting on behalf of itself and, where applicable,
its affiliates and third-party licensors. You also will notice that we capitalize certain additional words in
these Terms of Use even though grammatical rules do not require them. We do this because, in the
context of these Terms of Use, such capitalized words have specific meanings which can be found where
they are first used, as indicated by bold text.
1. Rights and Conditions. You may access and view the audio and visual information, text, graphics,
forms, documents, cartography, images, data, and materials made available on this Site (the “Content”)
on your computer, mobile device, or other Internet-compatible devices solely in connection with your
personal, non-commercial use. You may also make single copies or print-outs of the Content in
connection with your permitted use. You may not make use of this Site including any Content for any
commercial purpose unless you have received our express written prior permission in advance. You
acknowledge that any use of this Site or Content, except as otherwise permitted herein, is a breach of
these Terms of Use, and may put you in violation of Applicable Laws. We will not be responsible or liable
for any loss or damage arising from your failure to comply with these Terms of Use. As explained in the
initial paragraph above, we do not consider our products and services to be part of the Content
governed by these Terms of Use. Products and services are, as indicated, governed by separate legal
terms.
2. Applicable Laws. We control and operate the Site from within the United States of America (the
“USA”). The Site is directed at visitors from the USA, 18 years of age and over. The English language
version of these Terms of Use is the controlling version regardless of any translation you may attempt.
We do not represent that this Site or its Content is appropriate or lawful for use in other locations
outside of the USA or that our operation (including our processing and handling of Submitted Materials)
will comply with all local laws. Users who choose to access this Site from outside the USA or provide
Submitted Materials as non-USA citizens, do so of their own initiative and are responsible for
compliance with all applicable local, state, national and international laws and treaties (“Applicable
Laws”). These Terms of Use shall be governed by and construed in accordance with the laws of the State
of Idaho and the U.S. federal laws enforced within, without regard to principles of conflicts of laws. All
proceedings relating to us, the Site, or these Terms of Use shall be brought in the state or federal courts
located in Idaho and you hereby irrevocably consent to the personal and exclusive jurisdiction of such
courts.
3. Content. Site Content will have a variety of origins, including information generated and provided by
us and third parties. We do not provide any warranty that the Content is or will be:
– accurate or complete; – current (or that it will be updated); – error-free (either technically or with
respect to typographical errors); and/or – free from interruptions, computer viruses, or other harmful
components. You may make use of the Content under the rights set forth in these Terms of Use but under no
circumstances will we be liable for any loss or damage caused by your reliance on Content. It is,
therefore, your responsibility to evaluate the accuracy, completeness, or usefulness of any information,
opinion, advice, or other elements of the Content.
4. Social Media. This section applies to everyone who interacts with our social media presence. You are
therefore viewing this page because you either linked from the social media features on this Site (such
as blogs and comments sections) (“Internal Social Media Features”) or from comment sections, feeds,
and other elements of social media presence viewable on Facebook, Twitter, Instagram, YouTube,
Google+, LinkedIn or any of the many other available external third-party social media platforms we
utilize (“External Social Media Presence”). Social media platforms are places of public information
exchange, and you should have no expectation of privacy. Specifically, paragraph 7 hereof does not
apply to our External Social Media Presence. The sites and platforms that host our External Social Media
Presence are not controlled by us and therefore their own, and not our privacy policies and terms of use
will apply. The comments and opinions expressed by users on social media are theirs alone and do not
reflect the opinions of the Gracie Barra Celebration Parties. Comments that some would
consider inappropriate or offensive may appear on our Internal Social Media Features and on our
External Social Media Presence and may remain there until they have been identified by us or called to
our attention and we are able to work through the necessary procedures and technical processes to
have them removed. If you see an offensive or inappropriate post or comment on our External Social
Media Presence, you should report it to the operator of the applicable site or platform using the
procedures they have established for that purpose. If you see such a post on Internal Social Media
Features it should be reported directly to us via the contact information below.
5. Trademarks and other Intellectual Property Rights. The logos, names, and other similar marks
(collectively, the “Trademarks”) displayed on this Site are registered and unregistered Trademarks of
ours and our licensors and may not be used unless authorized by the Trademark owner. Nothing
contained on this Site should be construed as granting any such license or other rights to use any
Trademark displayed on this Site. As between you and us, we are the exclusive owners of all rights, title,
and interests, including intellectual property rights (including copyrights, patents, and trademarks),
proprietary rights (including trade secrets and database rights), and moral rights (including rights of
attribution and authorship) throughout the world in and to this Site, its Content and its and their look
and feel, design and organization and compilation. If you believe any content appearing on this Site
violates your intellectual property rights, please give us notice so we can consider appropriate takedown
procedures.
6. Account Registration. In order to purchase the Gracie Barra Celebration products and
services offered on this Site you will have to register and create an account (an “Account”). Your
obligations with respect to your Account, as well as the rights and obligations you have with respect to
products and services you purchase using your Account will be governed by the separate legal terms and
conditions contained in the End User License Agreement that you will be prompted to review during the
purchasing process and that you will agree to be bound by as part of the account setup and completion
of the purchase of our products and services.
7. Submitted Materials; User Generated Content. All information, ideas, suggestions, concepts, or other
materials submitted by you voluntarily or at our request, such as questions sent to us via the “Contact
Us” link or user-generated content on our Internal Social Media Features or External Social Media
Presence (collectively, “Submitted Materials”) may be used by us in any lawful manner, provided that
personal information portions of Submitted Materials will only be used as described in this paragraph 7.
By providing Submitted Materials you: (a) represent and warrant that you own or otherwise have all
necessary rights to do so and that the Submitted Materials comply with Applicable Laws; and (b) you
grant to us a royalty-free, worldwide, perpetual, irrevocable, non-exclusive and fully transferable,
assignable and sublicensable right and license to copy, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, perform, display, make, sell, export and otherwise use such
material (in whole or part) and/or to incorporate it in other works in any form, media or technology now
known or later developed. We cannot be responsible for maintaining any Submitted Materials that you
provide to us; therefore, you should retain all such data and information in your own records.
8. Our Privacy Policies. Our collection of certain information about you including personal information
provided as part of the below described Submitted Materials is subject to the Site’s Privacy Policy
(gbdavenport.com/privacy-policy), which is incorporated herein by reference for all
purposes.
9. Prohibited User Conduct. You are expressly prohibited from engaging or assisting others engaging in
the conduct listed below:
interfering with, disrupting, altering, or destroying the Site or its Content; probing, scanning, or testing
the vulnerability of the Site or any system or network on, from, or through which the Site is provided;
attempting to circumvent or defeat any system or network security measures on, from, or through
which the Site is provided; removing, modifying, or obscuring any proprietary rights notices that we
place on the Site; spidering, “screen scraping,” “database scraping,” harvesting or otherwise attempting
automatic or manual means of accessing, logging in to, obtaining data or information from or using this
Site or any Account; impersonating any person or entity or misrepresenting your affiliation with any
other person or entity; transmitting, distributing, disseminating, publishing, or storing any information
that is in violation of Applicable Law or constitutes or contains false or misleading indications of origin,
endorsement, or statements of fact or is fraudulent, libelous, defamatory, abusive, obscene, indecent,
or harassing, or that threatens or encourages injury to persons or property or infringement of the lawful
rights of any party; violating the privacy rights of any party under Applicable Law; introducing harmful or
malicious code (such as viruses and malware); or using the Site to send, relay, forward, bounce, reply, or
otherwise route commercial or non-commercial unsolicited electronic messages (commonly referred to
as “spam”) or commercial electronic messages, even if previously solicited by the intended recipient,
including by inserting your own or a third party’s advertising, branding or other promotional content
into any of the Site’s Content.
10. Third-Party Web Sites. You may see on the Site hyperlinks or pointers to other websites maintained
by third parties and we also may provide third-party content on the Site by framing or other methods
(collectively, “Links”). Links are provided for your convenience and information only. The fact that we
provide a Link does not mean that we endorse, authorize or sponsor that website or offering or that we
are affiliated with the third-party owners or sponsors. Neither the websites nor parties to which a Link
will bring you are under our control and as such we are not responsible in any way for their availability,
content, advertising, products, or materials, including any further links their sites may contain. This
means that once you follow a Link, you are no longer subject to our Privacy Policy. You should,
therefore, carefully review the privacy statements and other conditions of use and sale related to any
Links. We reserve the right to terminate a Link at any time without notice.
11. Liability and Indemnity. THE SITE, ITS CONTENT, AND ANY OTHER INFORMATION, PRODUCTS, OR
SERVICES ON IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT
PERMITTED BY LAW, Gracie Barra Celebration, ITS AFFILIATES AND ITS AND THEIR
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, MEMBERS, MANAGERS, AND REPRESENTATIVES
(“Gracie Barra Celebration PARTIES”) DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS
OR IMPLIED OR STATUTORY. IF YOU ARE DISSATISFIED WITH THE SITE, THE CONTENT, OR ITS PRODUCTS
AND SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE ITS USE. THE
Gracie Barra Celebration PARTIES HAVE NO LIABILITY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES, (INCLUDING CLAIMS OF DEFAMATION,
ERRORS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA), OR OTHER INTANGIBLE LOSSES
ARISING OUT OF OR RELATING TO YOUR USE OF, OR THE INABILITY TO USE, THE SITE, ITS CONTENT OR
PRODUCTS, AND SERVICES THAT YOU ACCESS THROUGH THE SITE. THESE LIMITATIONS SHALL APPLY TO
ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING
NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT THE Gracie Barra Celebration
PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE. You agree to defend,
indemnify and hold the Gracie Barra Celebration Parties harmless from any and all
claims, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising in any way from your
use of this Site, or your breach or violation of Applicable Laws or of these Terms of Use.
Gracie Barra Celebration reserves the right, at its own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by you, and in such case, you
agree to cooperate with Gracie Barra Celebration defense of the such claim.
12. Term and Termination. These Terms of Use apply to all users of this Site at all times until we
supersede and replace them. We may at any time terminate, change, suspend, add to or discontinue
any aspect of this Site itself, or your right to use it, including your Account, without notice or liability to
you.
13. Miscellaneous. These Terms of Use and Privacy Policy are the entire and exclusive agreement
between us and all visitors and users of the Site; provided that those who become our customers by
purchasing our products and services will also be subject to the EULA. Neither any course of conduct
between the parties nor trade practice will modify these Terms of Use. We may assign our rights and
duties under these Terms of Use to any party at any time without notice to you. You agree that
regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or
related to the use of this Site, these Terms of Use or the Privacy Policy must be filed by you within one
year after such claim or cause of action arose or be forever barred. Should any provision of these Terms
of Use be held to be unenforceable, that provision will be limited to the minimum extent necessary, and
the remaining provisions hereof shall remain in full force and effect. The waiver of any breach of these
Terms of Use will not constitute a waiver of any other or future breach and will not act to amend or
negate the rights of the waiving party. You may not assign your rights or obligations hereunder. The
provisions of these Terms of Use pertaining to disclaimers, exclusion of damages, limitation of liability,
and indemnification shall survive termination. The word “including” is exemplary meaning “including,
without limitation” or “including, but not limited to” unless otherwise indicated.
If you have questions, please contact us at gbdavenport.com