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General
This cellysmellys.com website (the"Website"or "Service") is owned and
operated by North and Lincoln, LLC. and contains material images that are
protected by international copyright, trademark and other intellectual
property laws. All third party logos and information are property of their
respective owners. Unless otherwise specified, the Service is intended for
your personal, noncommercial use only. You may not modify, copy,
reproduce, republish, upload, post, transmit or distribute in any way any
material, including images, graphics, code or software from the Service
without prior written consent from North and Lincoln, LLC. You may
download material from the Service and may use the Service for your
personal, noncommercial use only, provided you keep intact all copyright
and other proprietary notices.
You may establish a hypertext link to this Service only with prior written
(or emailed) permission from cellysmellys.com, so long as the link does
not state or imply any sponsorship of your site by cellysmellys.com
(unless applicable). You may not, without the prior written permission
from cellysmellys.com, frame any of the content of the site, or
incorporate into another website or other service any intellectual
property of cellysmellys.com, its parent or affiliate companies or its
licensors.
License to cellysmellys.com
By providing any material for display or inquiry on the site, you are
representing that you are the owner of the material, or are making your
submission with the express consent of the owner of the material. In
addition, when you provide us with material for display on the site, you
are granting cellysmellys.com a royalty-free, perpetual, non-exclusive,
unrestricted, worldwide license to:
1. Use, copy, sublicense, adapt, transmit, publicly perform or display any
such communication.
2. Sublicense to third parties the unrestricted right to exercise any of
the foregoing rights granted with respect to the communication.
The foregoing grants shall include the right to exploit any proprietary
rights in such communication, including but not limited to rights under
copyright, trademark, service mark or patent laws under any relevant
jurisdiction.
Privacy Policy / Statement
The following privacy policy governs our online collection of information
from you. This privacy policy, including our children's privacy statement,
does not apply to any information you may provide to us or that we may
collect offline and/or through other means; for example, at a live event,
via telephone, or through the mail. We may collect and store information,
personal or otherwise, that you voluntarily supply to us online as part of
the Service. We also collect and store information that is generated
automatically as users navigate online through the Service.
It is the policy of cellysmellys.com NOT to collect personal information
from our users without their consent, nor share with anyone those names,
email addresses or information. We will NEVER sell or disclose personal
information to third party vendors with consent. However, unless you
inform us otherwise, cellysmellys.com reserves the right to use, and to
disclose, information collected from you while you are using the site
(e.g., your name and e-mail address) for a variety of reasons and
purposes, such as providing users with information about products,
services and events. If you do not wish to be included in such uses, you
must send an e-mail or a letter to us requesting to be taken off any lists
of information that may be used for these purposes.
North and Lincoln, LLC – 8190 Beechmont Avenue #105 – Cincinnati, OH –
45255 – customercare@cellysmellys.com
We may use "cookies" in a limited way to help deliver advertisements and
to identify unique browsers that visit us and to track usage throughout
our site. Some of our business affiliates and advertisers use cookies,
which can be used to tell when your computer has contacted a web site.
Because we do not control the privacy policies of our business affiliates,
advertisers or any other sites to which we may provide hyperlinks, you
should check the privacy policy of the site you are visiting if you have
any concerns about that site's use of cookies or about that site's use of
your information.
We also make some content, products and services available through our
site through cooperative relationships with third party providers, where
the brands of our provider partner appear prominently on the site. We may
share with our provider partner any information you provide, or that is
collected, in the course of visiting any pages that are made available in
cooperation with our provider partner. In some cases, the provider partner
may collect information from you directly, in which cases the privacy
policy of our provider partner may apply to the provider partner's use of
your information. The privacy policy of our provider partners may differ
from ours. If you have any questions regarding the privacy policy of one
of our provider partners, you should contact the provider directly for
more information.
Be aware that we may occasionally release information about our visitors
when release is appropriate to comply with law, to enforce our Terms of
Service agreement, or to protect the rights, property or safety of users
of our Services, the public, or cellysmellys.com.
Please also note that as our business grows, we may buy or sell various
assets. In the unlikely event that we, some or all of our assets, or one
or more of our websites is acquired by another company, information on our
users may be among the transferred assets.
Children's Privacy Statement for cellysmellys.com
This children's privacy statement explains our practices with respect to
the online collection and use of personal information from children under
the age of thirteen, and provides important information on your rights
under federal law with respect to such information.
"We do NOT knowingly collect personally identifiable information from
children under the age of thirteen as part of the site. We screen users
who wish to provide personal information in order to prevent users under
the age of thirteen from providing such information. If we become aware
that we have inadvertently received personally identifiable information
from a user under the age of thirteen as part of the site, we will delete
such information from our records. If we change our practices in the
future, we will obtain prior, verifiable parental consent before
collecting any personally identifiable information from children under the
age of thirteen as part of the Service.
"Because we do not collect any personally identifiable information from
children under the age of thirteen as part of the Service, we also do NOT
knowingly distribute such information to third parties.
"We do NOT knowingly allow children under the age of thirteen to publicly
post or otherwise distribute personally identifiable contact information
through the site.
"Because we do not collect any personally identifiable information from
children under the age of thirteen as part of the Service, we do NOT
condition the participation in the Service's online activities of a child
under thirteen on providing personally identifiable information.
Questions on Privacy Policy / Statement
If you have any questions about the children's privacy statement, the
privacy practices of cellysmellys.com, or your dealings with
cellysmellys.com, you can contact:
North and Lincoln, LLC – 8190 Beechmont Avenue #105 – Cincinnati, OH 45255
– customercare@cellysmellys.com
Disclaimers
This site includes links and pointers to Internet sites, content and
services provided by third parties. cellysmellys.com's linking to any
third party sites does not imply an endorsement or sponsorship of such
sites, or the information, products or services offered on or through the
sites. In addition, neither cellysmellys.com, its parent or subsidiary
companies nor their affiliates operate or control in any respect any
information, products or services that third parties may provide on or
through the website linked to by cellysmellys.com. The materials,
information, products and services offered on or through the website and
any third-party sites are provided "as is" and without warranties of any
kind either express or implied. To the fullest extent permissible pursuant
to applicable law, cellysmellys.com disclaims all warranties, express or
implied, including, but not limited to, implied warranties of
merchantability and fitness for a particular purpose. cellysmellys.com
does not warrant that the site or any of its functions will be
uninterrupted or error-free, that defects will be corrected, or that any
part of this site, or the servers that make it available, are free of
viruses or other harmful components.
Cellysmellys.com does not warrant or make any representations regarding
the use or the results of the use of the site or materials in this site or
in third-party sites in terms of their correctness, accuracy, timeliness,
reliability or otherwise. You (and not cellysmellys.com) assume the entire
cost of all necessary maintenance, repair or correction.
The Service is provided for informational and online store purposes only,
and is not intended for trading or investing purposes, or for commercial
use. The site should not be used in any high risk activities where damage
or injury to persons, property, environment, finances or business may
result if an error occurs. You expressly assume all risk for such use.
Cellysmellys.com reserves the right to change or discontinue any service,
product or information contained within the site without notice or
repercussion. cellysmellys.com also reserves the right to refuse any
listing, link, graphic, photo or any other information which we deem to be
inappropriate.
Online Commerce
In addition, cellysmellys.com may allow you to purchase many different
types of products online that are provided by North and Lincoln, LLC.
Cellysmellys.com is not responsible for the quality, accuracy, timeliness,
reliability or any other aspect of these products and services. If you
make a purchase from cellysmellys.com or on a site linked to by
cellysmellys.com, the information obtained during your visit to that
merchant's online store or site, and the information that you give as part
of the transaction, such as your credit card number and contact
information, is collected by the merchant. A merchant may have separate
privacy and data collection practices. Cellysmellys.com has no
responsibility or liability for these independent policies. For more
information regarding a merchant, its online store, and its privacy
policies, return to that merchant's home page and click on its information
links or contact the merchant website directly. You release
cellysmellys.com and its affiliates from any damages that you incur, and
agree not to assert any claims against them, arising from your purchase or
use of any products or services made available by third parties through
cellysmellys.com.
When you purchase products or services on or through cellysmellys.com, you
may be subject to additional terms and conditions that specifically apply
to your purchase or use of such products or services. If you have any
questions about these additional terms and conditions, you should contact
North and Lincoln, LLC directly.
You agree to be financially responsible for all purchases made by you or
someone acting on your behalf through the site. You agree to use the site
and to purchase products through the site for legitimate, noncommercial
purposes only. You also agree not to make any purchases for speculative,
false or fraudulent purposes or for the purpose of anticipating demand for
a particular product or service. You agree to only purchase goods or
services for yourself or for another person for whom you are legally
permitted to do so. When making a purchase for a third party that requires
you to submit the third party's personal information to cellysmellys.com
or a merchant, you represent that you have obtained the express consent of
such third party to provide such third party's personal information.
Limitation of Liability
Under no circumstances, including, but not limited to, negligence, shall
cellysmellys.com, its subsidiary and parent companies or affiliates be
liable for any direct, indirect, incidental, special or consequential
damages that result from the use of, or the inability to use,
cellysmellys.com materials, products, or services, or third party
materials, products, or services made available through the site, or any
part of the site, even if cellysmellys.com is advised beforehand of the
possibility of such damages. (Because some states do not allow the
exclusion or limitation of certain categories of damages, the above
limitation many not apply to you. In such states, the liability of
cellysmellys.com, its subsidiary and parent companies or affiliates is
limited to the fullest extent permitted by such state law.) You
specifically acknowledge and agree that cellysmellys.com is not liable for
any defamatory, offensive or illegal conduct of any user. If you are
dissatisfied with any cellysmellys.com materials, products, or services,
or with any of cellysmellys.com's terms and conditions, your sole and
exclusive remedy is to discontinue using the site.
Termination
Cellysmellys.com may cancel or terminate your right to use the site or any
part of the site at any time without notice. In the event of termination,
you are no longer authorized to access the part of the site affected by
such cancellation or termination. The restrictions imposed on you with
respect to material downloaded from the site, and the disclaimers and
limitations of liabilities set forth in these Terms of Service, shall
survive.
Other
This agreement constitutes the entire agreement between cellysmellys.com
and you with respect to the subject matter contained in this agreement and
supersedes all previous and contemporaneous agreements, proposals and
communications, written or oral. You also may be subject to additional
terms and conditions that may apply when you use the products or services
of a third party that are provided through the site. In the event of any
conflict between any such third party terms and conditions and these Terms
of Service, these Terms of Service shall govern. This agreement shall be
governed by and construed in accordance with the laws of the State of Ohio
without giving effect to any principles or conflicts of law. If any
provision of this agreement shall be unlawful, void or for any reason
unenforceable, then that provision shall be deemed severable from this
agreement and shall not affect the validity and enforceability of any
remaining provisions.
Updated September 4, 2008
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