Terms and Conditions
Welcome to Party Baby LLC ("Party Baby"). These Terms and Conditions govern your use of our website, accessible from https://partybabyessentials.com, and any products or services purchased through it, including digital downloads. By accessing our website, you agree to comply with these Terms and Conditions. If you do not agree with any part of these terms, please do not use our website. Your continued use after any updates constitutes acceptance.
1. Intellectual Property Rights
All content, trademarks, logos, and intellectual property displayed on our website are owned by or licensed to Party Baby. You may not reproduce, distribute, or otherwise use any content without our prior written consent. This includes digital templates and designs, which are subject to the Digital License Agreement (linked on product pages) for purchased items. You may not use any content to train artificial intelligence models, generate AI-based content, or incorporate into machine learning applications without express permission.
2. Use of Our Website
You agree to use our website only for lawful purposes and in a manner that does not infringe the rights of others. You agree not to create derivative works from our content except as permitted under applicable licenses. You must not use our website in any way that may cause damage to the website or impair its availability or accessibility. You must not use our website to transmit any unsolicited commercial communications (spam).
3. User Accounts
To access certain features of our website, you may need to create an account. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You agree to provide accurate and complete information when creating an account and to update your information as necessary.
4. Products and Services
We strive to ensure that all information about our products and services is accurate and up-to-date. However, we do not warrant the accuracy, completeness, or reliability of any product descriptions, pricing, or availability information. We reserve the right to modify or discontinue any product or service without prior notice. For digital products, usage is governed by the applicable license agreement provided at purchase.
5. Digital Products and Licensing
By purchasing a digital download from Party Baby, you agree that all sales are final. Due to the nature of digital products, refunds or exchanges are not available. Please review the product description carefully before making a purchase. Your purchase grants a limited, non-exclusive, non-transferable, revocable license for personal use, as detailed in the Digital License Agreement. Licenses are perpetual for personal use but may be revoked for violations. In the event of any conflict between these Terms and Conditions and the Digital License Agreement, the Digital License Agreement shall prevail with respect to the use of digital invitation templates.
6. Limitation of Liability
Party Baby shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with your use of our website. Our liability for any direct damages arising from your use of our website shall be limited to the amount you paid to us, if any, in the 12 months preceding the event giving rise to the liability.
7. Indemnification
You agree to indemnify, defend, and hold harmless Party Baby, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your use of our website or your violation of these Terms and Conditions.
8. Third-Party Links
Our website may contain links to third-party websites that are not owned or controlled by Party Baby. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. You acknowledge and agree that Party Baby is not responsible or liable for any damage or loss caused by your use of any third-party websites.
9. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the state of Washington, without regard to its conflict of law provisions.
10. Changes to These Terms and Conditions
We reserve the right to update or modify these Terms and Conditions at any time without prior notice. Your continued use of our website after any changes indicates your acceptance of the new Terms and Conditions.
11. Disability Access
We are committed to ensuring accessibility for individuals with disabilities. If you experience any difficulty accessing our website or have any suggestions for improvement, please contact us. We will make all reasonable efforts to accommodate your needs and provide the necessary support. Our website aims to comply with applicable accessibility standards, including WCAG 2.1 guidelines.
12. Privacy Policy
Please also visit our Privacy Policy section, which explains our data collection and usage practices.
13. Arbitration
By using our website or purchasing our products, you agree that any dispute, claim, or controversy arising out of or relating to these Terms and Conditions, the breach, termination, enforcement, interpretation, or validity thereof, or the use of our website or services (collectively, "Disputes") will be resolved through binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. If arbitration is compelled, the court shall stay proceedings if a stay is requested by any party, per applicable law.
14. Arbitration Rules and Governing Law
The arbitration will be conducted by the American Arbitration Association (AAA) under its rules and procedures, including the AAA's Consumer Arbitration Rules (as applicable), as modified by this Arbitration section. The AAA's rules are available at www.adr.org. The Federal Arbitration Act will govern the interpretation and enforcement of this section.
15. Arbitration Process
To initiate arbitration, you must send a notification letter requesting arbitration and describing your claim to our registered agent. The arbitration proceedings will be confidential, and you can choose to opt out of this arbitration agreement by sending a written opt-out notice within 30 days of first accepting these Terms and Conditions. For more information, please contact us at info@partybabyessentials.com.
16. Severability and Entire Agreement
Severability and Entire Agreement If any provision of these Terms and Conditions is held invalid or unenforceable, the remaining provisions shall remain in full effect. These Terms and Conditions constitute the entire understanding between you and Party Baby, LLC and supersede all prior agreements.
17. Contact Us
If you have any questions or concerns about these Terms and Conditions, please contact us at:
Party Baby Email: info@partybabyessentials.com