Terms of Use

Effective as of February 11, 2016.

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE (THE “SITE”).  All users of this Site agree that access to and use of this Site is subject to the following terms and conditions and other applicable law.

You agree that by using this Site and registering, you are at least 18 years of age, or visiting under the supervision of a parent or guardian, and legally able to enter into a contract.

It is your responsibility to review these Terms of Use periodically. We may revise these Terms of Use at any time without notice to you. If you do not agree to these terms and conditions, please do not use this Site.

Website

We grant you limited access and use the Site for your personal use, and to copy, distribute and transmit the content of this Site only to the extent that such copying, distribution and transmission is automatically done through your browser software incidentally to using the Site for your personal use.  This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings or descriptions; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots or data gathering and extraction tools.

Except as permitted above, this Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, uploaded, posted, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication, or otherwise exploited for any commercial purpose, without express written consent of Classic.  You may not use any meta tags or any other "hidden text" utilizing Classic's name or trademarks without the express written consent of Classic.  Any unauthorized use terminates the permission or license granted by Classic.

We reserve the right to change any information, features and functions of the Site without prior notice.  We may refuse service, cancel orders, terminate accounts and/or deny access to any or all parts of this Site if you engage in any conduct or activities that we determine, in our sole discretion, violate these Terms of Use, our rights or the rights of any third party.  Use of the Site for any illegal or unauthorized purpose is strictly prohibited.  We reserve the right to cancel orders due to suspected fraudulent activity in our sole discretion.  The sale or linking of our products on or to any third party e-commerce Site, marketplace or mobile application without our specific written consent is prohibited.

Registration

To register on our Site, complete the user form, use your valid email address and create a password to register your profile.  Each time you use your password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with these Terms of Use and Classic has no obligation to investigate the authorization or source of any such access or use of the Site.

YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING YOUR PASSWORD AND IDENTIFICATION WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.

You are solely responsible for protecting the security and confidentiality of your password and identification.  You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.

At the time of your first quote, you will request shipping and payment information.  You agree that we may update your payment information with information your bank or credit card issuer may supply, or other information available to us.  All such personal information is subject to our Privacy Policy, which is hereby incorporated into these Terms of Use.

Limitation of Liability

CLASSIC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR MATERIALS ON THE SITE, EVEN IF CLASSIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Typographical Errors

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we have the right to refuse or cancel any orders placed for product listed at the incorrect price. 

No Representations, Warranties or Guarantees

The Site is provided “as is.”  Classic AND ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Classic does not guarantee that access to or use of the Website will be uninterrupted or error free, that bugs or malfunctions will be corrected, or that the Website is free of harmful components.  Classic does not guarantee that the use of its Website or the materials provided therein, are accurate, without error, or reliable.  Classic may make improvements and/or changes to the Website at any time without notice.

We display as accurately as possible the colors and images of our Products.  We cannot guarantee that your computer monitor's display of any color will be accurate.

Copyright

The text, graphics, user interfaces, photographs, logos, arrangement, computer code, and all other material on the Site (collectively, “Content”) is copyrighted as a collective work under the United States and other copyright laws, is the property of Classic and protected by copyright and other intellectual property or proprietary rights and unfair competition laws. The collective work includes works that are licensed to Classic. © 2014-2016 CP OpCo, LLC, dba Classic Party Rentals®. All rights reserved. 

Trademarks

All trademarks, service marks and trade names of Classic on the Site are trademarks or registered trademarks of Classic or their respective owners.

Indemnification

You agree to indemnify, defend and hold harmless Classic, its officers, directors, employees, agents, licensors and suppliers from and against all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use, or any activity related to use of the Site (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account.

Privacy

Registration data and certain other information about you are subject to our Privacy Policy, which is incorporated herein by this reference. You understand that the technical processing and transmission of this Site may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. For more information, see our privacy policy at www.classicpartyrentals.com/privacy.

Third-Party Links and Sites

This Site may link to other websites operated by third parties. We have no control over these linked sites, each of which have separate privacy and data collection practices independent of Classic. We are not responsible for and do not endorse or accept any responsibility for the availability, contents, products, services or use of any third party site, any website accessed from a third party site or any changes or updates to such sites. These linked sites are only for your convenience and therefore you access them at your own risk. You acknowledge that you bear all risks associated with access to and use of content provided on a third party site and agree that we are not responsible for any loss or damage you may incur from dealing with such a third party site. You should contact the site administrator for the applicable third party site if you have any concerns regarding such links or the content located on any such third party site.

Submissions

We welcome your feedback and comments regarding our products and services. However, we cannot accept or consider creative ideas, suggestions or materials, and we ask that you not submit any creative ideas, suggestions or materials of any kind to us. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by Classic's or its affiliates' professional staff might seem to others to be similar to their own creative work. Accordingly, we ask that you not send us any original creative materials of any kind, including show designs, photographs, drawings or original artwork. If you send us creative ideas, suggestions or materials of any kind despite our request not to do so (an "unsolicited submission"), you acknowledge and agree that we may treat the unsolicited submission to be non-confidential and non-proprietary in each instance and in all respects.

From time to time, we may solicit creative ideas, suggestions or materials from users of our Site or blog. If you at any time send, provide us with or post creative ideas, suggestions or any other materials in response to our request (each, a "requested submission" and together with unsolicited submissions, "submissions"), you acknowledge and agree that we may treat the requested submission as non-confidential and non-proprietary in each instance and in all respects.

You agree that we have no obligation of confidence to you with respect to any submission and we shall not be liable to you in any way for any use or disclosure of any submission. We may use any submission without restriction for any purpose whatsoever, including, without limitation, reproduction, disclosure, transmission, publication, broadcast or posting, and you hereby irrevocably waive, release and give up any claim that any use of such submission violates any of your rights including, without limitation, copyrights, trademarks, moral rights, privacy rights, proprietary or other property rights, publicity rights or right to credit for the material or ideas.

You hereby irrevocably grant to us the right, but not the obligation, to reproduce, modify, adapt, publish, broadcast, license, perform, post, sell, translate, incorporate, create derivative works from, distribute and otherwise use the submission in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, without according you any compensation or credit. By submitting a submission to us, you represent that such submission is original to you and does not conflict with, violate or infringe upon the rights of any third parties including, without limitation, any intellectual property rights and rights of publicity and/or privacy. All submissions made by you shall be the sole property of Classic and will not be acknowledged or returned. You agree and understand that we are not obligated to use any submission you make and you have no right to compel such use.

You hereby acknowledge and agree that your relationship with us is not a confidential, fiduciary or other special relationship, and that your decision to make a submission does not place us in a position that is any different from the position held by members of the general public with regard to your submission. You understand and acknowledge that we have broad access to ideas, products designs and other materials related to our business, and that new ideas, products, designs and other materials are constantly submitted to us or being developed by our own employees. Many submissions that we receive or ideas, products, designs and materials that are independently developed by us may be competitive with, similar or identical to your submission. You acknowledge and agree that you will not be entitled to any compensation as a result of our use of any such similar or identical submission or independently developed ideas, products, designs or materials.

You acknowledge that, with respect to any claim you may have relating to or arising out of our actual or alleged exploitation or use of any submission you make, the damage, if any, caused thereby will not be irreparable or otherwise sufficient to entitle you to injunctive or other equitable relief or to in any way enjoin the production, distribution, exhibition or other exploitation of any production based on or allegedly based on your submission, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.

Miscellaneous

Your use of the Site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions.

Termination

These Terms of Use are applicable to you upon your accessing this Site. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification, and Miscellaneous, shall survive any termination of these Terms of Use.