Menu
Cart 0

Terms of Use

CELATICA, LLC   

Terms of Use

Last Updated June 2, 2016

TERMS OF USE

By accessing or using this website or other Celatica, LLC product or service (collectively the "Site") on any computer, mobile phone, tablet, console or other device (collectively, "Device"), you signify that you have read, understand and agree to be bound by these Terms of Use and any other applicable law, whether or not you are a registered member of Celatica, LLC. Celatica, LLC may change these Terms of Use at any time without notice, effective upon its posting to the Site. Your continued use of the Site shall be considered your acceptance to the revised Terms of Use. If you do not agree to these Terms of Use, please do not use this Site.

INTELLECTUAL PROPERTY

All intellectual property on the Site (except for User Generated Content) is owned by Celatica, LLC or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names (e.g., the Celatica, LLC logo & name) are owned, registered and/or licensed by Celatica, LLC. All content on the Site (except for User Generated Content), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content ("Content") is a collective work under the United States and other copyright laws and is the proprietary property of Celatica, LLC; All Rights Reserved.

USE & RESTRICTIONS

You may use the Content only for your own non-commercial use to participate in the Site or to place an order or purchase Celatica, LLC products. You agree not to change or delete any ownership notices from materials downloaded or printed from the Site. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any Intellectual Property or Content appearing on the Site, including User Generated Content (defined below), without Celatica, LLC's prior written consent, unless it is your own User Generated Content that you legally post on the Site. You agree not to use any data mining, robots, scraping or similar data gathering methods. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you.

USER GENERATED CONTENT

"User Generated Content" is communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other Site users post or otherwise make available on or through the Site, except to the extent the Content is owned by Celatica, LLC.

CONTENT SUBMISSIONS

You acknowledge that you are responsible for the information, profiles, goals, opinions, messages, comments, photos, videos and any other content or material that you submit, upload, post or otherwise make available on or through the Sites and Apps (each a "Submission") and through the services available in connection with the Sites and Apps, and that you, and not Celatica, LLC, have full responsibility for each such Submission you make, including its legality, reliability, appropriateness, and trademark, copyright and other intellectual property ownership. Before making a Submission, you must ensure that you either own all intellectual property rights or are otherwise in a position to grant a License (as defined below) to Celatica, LLC. Unless otherwise explicitly stated herein or in the Celatica, LLC Privacy Policy, you agree that any Submission provided by you in connection with the Sites and Apps is provided on a non-proprietary and non-confidential basis. You agree that Celatica, LLC is free to use a Submission for the purpose of providing you and others with use of the Sites and Apps and their functionality and providing you with the associated products and services, and you grant Celatica, LLC a sub-licensable, transferable, perpetual, nonexclusive, worldwide, royalty-free license ("License") to (in any media, whether now known or not currently known or invented) link to, utilize, use, publicly perform, publicly display, reproduce, distribute, edit, adapt, modify and prepare derivative works of the Submission. In addition, to the extent any Submission contains your or any other person’s name, likeness, voice or biographical information ("Personal Rights"), you hereby grant and will cause such other person to grant to Celatica, LLC a License to (in any media, whether now known or not currently known or invented) exploit or use such Personal Rights for any advertising or marketing of Celatica, LLC’s products and services (in any media, whether now known or not currently known or invented). Submissions shall be considered non-confidential and Celatica, LLC is under no obligation to treat such Submissions as proprietary information except pursuant to Celatica, LLC's Privacy Policy applicable to personally identifiable information. SUBJECT ONLY TO THE LICENSES GRANTED IN THESE TERMS OF USE, YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS IN YOUR SUBMISSIONS.

You further agree that you will not upload, post or otherwise make available on the Sites and Apps any material protected by copyright, trademark, patent, trade secret or any other proprietary right without the express permission of the owner of such copyright, trademark, patent, trade secret or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for damage resulting from your account, or any infringement of copyrights, trademarks, patents, or other proprietary rights, or any violations of rights of privacy or publicity, or any other harm resulting from any Submission that you make.

You represent and warrant that: (i) you own all Submissions posted by you on or through the Sites and Apps or otherwise have the right to grant the Licenses to Celatica, LLC set forth in this section, and (ii) your Submission is accurate and not misleading and (iii) the posting of your Submissions on or through the Sites and Apps does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity or violate any applicable law, rule, regulation or order. You agree to pay for all royalties, fees, damages and any other monies owing to any person by reason of any Submissions posted by you to or through the Sites and Apps. When submitting Submissions to or otherwise using the Sites, Apps and/or the services, you agree not to, without limitation:

  • use the Site in a manner that uses technology or other means to access the Site, or other content that is not authorized by Celatica, LLC;
  • Use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content.
  • attempt to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • take any action that imposes or may impose (in Celatica, LLC's sole discretion) an unreasonably or disproportionately large load on Celatica, LLC’s infrastructure;
  • attempt to gain unauthorized access to Celatica, LLC computer network or user accounts;
  • encourage conduct that would constitute a criminal offense, or that gives rise to civil liability;
  • attempt to damage, disable, overburden, or impair Celatica, LLC servers or networks;
  • fail to comply with applicable third party terms;
  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  • Use racially, ethnically, or otherwise offensive language;
  • Discuss or incite illegal activity;
  • Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated);
  • Post anything that exploits children or minors, that depicts cruelty to animals or domestic violence;
  • Post any copyrighted or trademarked materials without the express permission from the owner of such copyright or trademark;
  • Post any person’s name, likeness, voice or biographical information without the express permission from such person (or if that person is a minor, from that person’s parent or legal guardian);
  • Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation;
  • Use any robot, spider, scraper or other automated means to access the Site; and
  • Alter the opinions, goals, profiles or comments posted by others on the Site.

This list of prohibitions provides examples and is not complete or exclusive. Celatica, LLC reserves the right in its sole discretion to (a) terminate your access to your account; (b) terminate your ability to post to the Site (or the services) and (c) refuse, delete, modify, edit or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that Celatica, LLC determines is inappropriate or disruptive to this Sites and Apps or to any other user of the Site and/or services. Celatica, LLC may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Celatica, LLC's discretion, Celatica, LLC will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Site or on the Internet.

Celatica, LLC takes no responsibility and assumes no liability for any Submissions posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Celatica, LLC is only a forum and is not liable for any statements, representations, or Submissions provided by its users in any public forum or personal home page.

These prohibitions do not require Celatica, LLC to monitor, police or remove any Submissions or other information submitted by you or any other user.

CONTENT IS NOT PRESCREENED

Celatica, LLC does not prescreen User Generated Content. Celatica, LLC does not guarantee the Site will be free from User Generated Content that is inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable. Celatica, LLC is merely acting as a passive channel for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the Site. Even in the event Celatica, LLC chooses to monitor any User Generated Content, Celatica, LLC assumes no responsibility for, or any obligation to monitor or remove, such User Generated Content. Celatica, LLC reserves the right to edit, remove, or refuse to post any User Generated Content or terminate your registered account for any reason.

YOUR CELATICA, LLC ACCOUNT

All orders placed through the Site are subject to Celatica, LLC's acceptance. This means that Celatica, LLC may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, Celatica, LLC will issue you a refund.

ELIGIBILITY AND REGISTRATION

To become a member of the Celatica, LLC Site, or post User Generated Content, you may be required to register for an account. You agree to provide accurate and current information about yourself in all registration forms on the Site. This Site is intended solely for users who are Eighteen (18) years of age or older and it is a violation of these Terms of Use for anyone under 18 to register for the Site. You represent and warrant that you are 18 or older. Your account may be deleted without warning if you misrepresent your age, whether older or younger.

 

 

CELATICA, LLC'S RIGHTS TO YOUR POSTING

Your User Generated Content is not confidential or proprietary. You grant, and warrant that you have the right to grant, to Celatica, LLC a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right to use your User Generated Content in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute, assign and commercialize without any payment due to you.

COPYRIGHT INFRINGEMENT COMPLAINTS

If you believe that your work has been improperly copied and posted on the Site, such that it constitutes infringement, please provide us with the following information: (1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where on the Site the material that you claim is infringing is located; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. These requirements must be followed to give Celatica, LLC legally sufficient notice to Celatica, LLC of infringement. Send copyright infringement complaints to:

Celatica, LLC, Inc.

Attn:  Legal

294 Cherry Ave.

Long Beach, CA 90802

We suggest that you consult your legal advisor before filing a notice with Celatica, LLC's copyright agent, because there may be penalties for false claims.

LINKS

The Site may contain links to websites, applications or other products or services operated by other companies ("Third Party Sites"). Celatica, LLC does not endorse, monitor or have any control over these Third Party Sites, which have separate terms of use and privacy policies. Celatica, LLC is not responsible for the content or policies of Third Party Sites and you access such Third Party Sites at your own risk.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Celatica, LLC, Inc. its affiliates, officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your User Generated Content, your use of Content, your use of the Site, your conduct in connection with the Site or with other Site users, or any violation of these Terms of Use, any law or the rights of any third party.

PRIVACY

Celatica, LLC’s Privacy Policy further describes the collection and use of information on this Site.

SAFEGUARD YOUR USERNAME/PASSWORD

You are responsible for any actions that take place while using your Celatica, LLC account. Keep your username/password secure and do not allow anyone else to use your username/password to access the Site. Celatica, LLC is not responsible for any loss that results from the unauthorized use of your username/password, with or without your knowledge.

 

USER INTERACTION DISCLAIMER

You are solely responsible for your interactions with other people, whether online or in person. Celatica, LLC is not responsible or liable for any loss or damage resulting from any interaction with other Site users, persons you meet through the Site, or persons who find you because of information posted on, by or through the Site. You agree to take reasonable precautions in all interactions with other users on the Site, and conduct any necessary investigation before meeting another person. Celatica, LLC is under no obligation to become involved with any user dispute, but may do so at its own discretion.

WARRANTY DISCLAIMER

Celatica, LLC is not responsible or liable for any User Generated Content or other Content posted on the Site or for any offensive, unlawful or objectionable content you may encounter on or through the Site. The Site, User Generated Content, Content, and the materials and products on this Site are provided "AS IS" and without warranties of any kind. To the fullest extent permitted by law, Celatica, LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Celatica, LLC cannot guarantee and does not promise any specific results from use of the Site. Celatica, LLC does not represent or warrant that the Site will be uninterrupted or error-free, that any defects will be corrected, or that this Site or the server that makes the Site available are free of viruses or anything else harmful. To the fullest extent permitted by law, Celatica, LLC does not make any warranties or representations regarding the use of the materials or Content in the Site in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain Content at your own risk, and that you will be solely responsible for your use and any damage to your mobile Device, computer system or other Device in which you access the Site, loss of data or other harm of any kind that may result. Celatica, LLC reserves the right to change any and all Content and other items used or contained in the Site at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

LIMITATION OF LIABILITY

Celatica, LLC SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE SITE OR THE CONDUCT OF OTHER SITE USERS (WHETHER ONLINE OR OFFLINE) OR ATTENDANCE AT A Celatica, LLC EVENT OR ANY USER GENERATED CONTENT, EVEN IF Celatica, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOUR ONLY REMEDY AGAINST Celatica, LLC FOR USE OF THE SITE OR ANY CONTENT IS TO STOP USING THE SITE. THAT SAID, IF Celatica, LLC IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE OR ANY CONTENT, Celatica, LLC'S LIABILITY SHALL NOT EXCEED US$100.00. 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.

 

GOVERNING LAW

All litigation, court proceedings, arbitration proceedings, mediation proceedings, lawsuits, court hearings and other hearings or actions initiated in connection with the Site and/or the Content must and will be conducted exclusively in Winchester, California, USA. These Terms of Use and the relationship between you and Celatica, LLC will be governed in all respects by California law without regard to choice of law provisions and not by the 1980 U.N> Convention of contracts for the international sale of goods. Except where prohibited, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this Site  (including but not limited to the purchase of Celatica, LLC products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Riverside County, California. You consent to waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Riverside County, California. Any cause of action or claim you may have with respect to the Site (including but not limited to the purchase of Celatica, LLC products) must be commenced within one (1) year after the claim or cause of action arises. By using the Site, you agree to receive certain electronic communications from Celatica, LLC. You agree that any notice, agreement, disclosure or other communication that Celatica, LLC sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. Celatica, LLC's failure to insist upon or enforce strict performance of any of these Terms of Use shall not be considered a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall modify any of these Terms of Use. Celatica, LLC may assign its rights and duties under these Terms of Use to any party at any time without notice to you.

MISCELLANEOUS

If any provision of these Terms of Use is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these Terms of Use will be reformed, construed and enforced in such jurisdiction as if such provision had never been contained herein. Any headings or titles herein are for convenience only. The official language of these Terms of Use exclusively shall be, and all communications and agreements between Celatica, LLC and you and any proceedings in connection with these Terms of Use and/or your use of the Site, exclusively shall be made in, the English language. Celatica, LLC and you waive any rights we may have under any other law to have these Terms of Use written in another language, and any translation of this Terms of Use will be for convenience only. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Celatica, LLC as a result of these Terms of Use, our Privacy Policy or any use of the Site. Celatica, LLC's performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use or our Privacy Policy is in derogation of Celatica, LLC's right to comply with law enforcement requests or requirements relating to your use of the Sites and Apps or information provided to or gathered by Celatica, LLC with respect to such use. These Terms of Use and our Privacy Policy constitute the entire agreement between you and Celatica, LLC with respect to the Site, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Celatica, LLC with respect to the Site.

SEVERABILITY

If any provision in these Terms of Use is held invalid, the remainder of these Terms of Use shall continue to be enforceable. If any provision in these Terms of Use is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms of Use and the remaining provisions are still valid and enforceable.

TERMINATION

Celatica, LLC reserves the right in its sole discretion to terminate your account, delete your profile and any of your User Generated Content, and restrict your use of all or any part of the Site for any or no reason, without notice, and without liability to you or anyone else. Celatica, LLC also reserves the right to block users from certain IP addresses or Device numbers and prevent access to the Site. You understand and agree that some of your User Generated Content, such as that which is displayed outside your profile, in activity feeds, in other parts of the Site, or on other Sites (e.g., Facebook, Twitter, Google, Linkedin, Pinterest, etc.), may continue to appear on the Site or on other Sites even after your User Generated Content is removed or your account is terminated. These Terms of Use remain in effect even after your account is terminated. The Terms of Use relating to Intellectual Property, Indemnification, User Interaction Disclaimer, Warranty Disclaimer, Limitation of Liability, Miscellaneous, Severability and terms that by their nature may survive termination shall survive any termination.